COLE

v.

FLORIDA

Citator

Cited By (18 total)

• Goodwin v. State, 751 So. 2d 537 (Fla. 1999)
  …t objection. Goodwin, 721 So. 2d at 728-29. This Court’s case law states that a trial court’s ruling on a motion for mistrial is subject to an abuse of discretion standard- of review. See Cole v. State, 701 So. 2d 845, 853 (Fla.1997), cert. denied, 523 U.S. 1051, 118 S.Ct. 1370, 140 L.Ed.2d 519 (1998); Power v. State, 605 So. 2d 856, 860 [*547] (Fla.1992).11 Recently we reaffirmed that a motion for mistrial “should be granted only when it is necessary to ensure that the defendant receives a fair trial.” Col…
• Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000)
  …nstitutional right to be present at all crucial stages of his trial where his absence might frustrate the fairness of the proceedings.” Garcia v. State, 492 So. 2d 360, 363 (Fla.1986); see Cole v. State, 701 So. 2d 845, 850 (Fla.1997), cert. denied, 523 U.S. 1051, 118 S.Ct. 1370, 140 L.Ed.2d 519 (1998). The constitutional right to be present does not extend to bench conferences involving purely legal matters because the defendant’s presence would be of no assistance to counsel. See Cole, 701 So. 2d at 850.…
• Rodriguez v. State, 753 So. 2d 29 (Fla. 2000)
  …es, that he helped Luis Rodriguez gain entrance to the Josephs’ apartment, and that he acted as a lookout, the trial court did not abuse its discretion in refusing to grant a mistrial. See Cole v. State, 701 So. 2d 845, 853 (Fla.1997), cert. denied, 523 U.S. 1051, 118 S.Ct. 1370, 140 L.Ed.2d 519 (1998); Power v. State, 605 So. 2d 856, 861 (Fla.1992). Manuel Rodriguez also asserts that the prosecutor made improper comments during closing argument concerning Rodriguez exercising his right to remain silent. Du…