TRAWICK

v.

ALABAMA

Citator

Cited By

• Kearse v. State, 770 So. 2d 1119 (Fla. 2000)
  …to the prosecutor’s comment, counsel’s contemporaneous motion for mistrial at the time that the prosecutor made these comments was sufficient to preserve the issue for appellate review. See James v. State, 695 So. 2d 1229, 1234 (Fla.), cert. denied, 522 U.S. 1000, 118 S.Ct. 569, 139 L.Ed.2d 409 (1997). [*1130] This Court has found similar prosecutorial comments to be error. See Richardson v. State, 604 So. 2d 1107, 1109 (Fla. 1992) (finding that prosecutor committed error in asking the jury to show defendant…
• Robinson v. State, 761 So. 2d 269 (Fla. 1999)
  …hat Robinson disagrees with the trial court’s conclusion does not warrant reversal. See James v. State, 695 So. 2d 1229, 1237 (Fla.) (noting that “[r]e-versal is not warranted simply because an appellant draws a different conclusion”), cert. denied, 522 U.S. 1000, 118 S.Ct. 569, 139 L.Ed.2d 409 (1997). Upon review, we find that death is the appropriate penalty in this case. In reaching this conclusion, we are mindful that this Court must consider the particular circumstances of the instant case in compariso…
• White v. Consol. Freightways Corp. OF Del., 766 So. 2d 1228 (Fla. 1st DCA 2000)
  …86 So. 2d 596 (Fla.1986). By delaying the motion for mistrial until the jurors had left the courtroom, appellants’ counsel avoided further emphasis of the objectionable comments. See, e.g., James v. State, 695 So. 2d 1229, 1234 (Fla.), cert. denied, 522 U.S. 1000, 118 S.Ct. 569, 139 L.Ed.2d 409 (1997). Further, the issue was not waived. The record is clear that appellants’ counsel did not agree that the trial court’s proposed curative instruction would cure the prejudice. Rather, while recognizing that a gr…