JOHN MABERY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Gonzalez v. State, 511 So. 2d 703 (Fla. 3d DCA 1987)
  …So. 2d 446 (Fla.1985); Palmer v. State, 486 So. 2d 22 (Fla. 1st DCA 1986); Williams v. State, 443 So. 2d 1053 (Fla. 1st DCA 1984); Bolen v. State, 375 So. 2d 891 (Fla. 4th DCA 1979); Mabery v. State, 303 So. 2d 369 (Fla. 3d DCA 1974), cert. denied, 312 So. 2d 756 (Fla.1975). Since there was no request for a curative instruction, which would have been the appropriate remedy for the ailment in question—and which the trial judge indicated would have been granted— no reversible error has been demonstrated. Duest…
• Bolen v. State, 375 So. 2d 891 (Fla. 4th DCA 1979)
  …ved only for a mistrial, and did not either object or seek curative instructions. See Mancebo v. State, 350 So. 2d 1098 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 1217 (Fla.1978); Mabery v. State, 303 So. 369, 370 (Fla. 3d DCA 1974), cert. denied, 312 So. 2d 756 (Fla.1975). While some of the comments complained of, particularly those which referred to the absence from the trial of the boy who was killed in the accident, were indeed improper, none were so objectionable as to deprive the defendant of a fair t…
• Dixon v. State, 630 So. 2d 1242 (Fla. 3d DCA 1994)
  …ntire trial.” Duest v. State, 462 So. 2d 446, [*1243] 448 (Fla.1985) (citation omitted). Whether a mistrial must be granted depends upon the circumstances of the particular case. Mabery v. State, 803 So. 2d 369, 370 (Fla. 3d DCA 1974), cert. denied, 312 So. 2d 756 (Fla. 1975). In the present case the police officer testified that he conducted drug surveillance at a housing project. He saw the defendant and another person conduct a drug transaction, but because the officer was due to be in court, he left the…

Authorities Cited

• Diaz v. Warren, 303 So. 2d 369 (Fla. 3d DCA 1974)
• Mabery v. State, 303 So. 2d 369 (Fla. 3d DCA 1974)