LEWIS N. YARBER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wilding v. State, 427 So. 2d 1069 (Fla. 2d DCA 1983)
  …to an impartial jury. Fla. Const. art. I, § 16; Fla.R.Crim.P. 3.251. The appellant was deprived of this right because the jury panel was bound to be unfairly prejudiced by virtue of their knowledge of his arrest for another crime. Marrero v. State, 343 So. 2d 883 (Fla. 2d DCA 1977). Subject to certain exceptions which are not applicable in the ease sub judice, it is error for a witness to testify concerning a defendant’s arrest for unrelated crimes. Clark v. State, 337 So. 2d 858 (Fla. 2d DCA 1976); Whitehe…
• Donnie Warren and Russell Lee Wilkerson v. State, 443 So. 2d 381 (Fla. 1st DCA 1983)
  …counsel for appellants moved for a mistrial. After the judge denied the mistrial motion, counsel made no subsequent request for a curative instruction. While we agree that it was error to allow the admission of such testimony, see Marrero v. State, 343 So. 2d 883 (Fla. 2d DCA 1977), we do not find that the error was so egregious as to merit a mistrial. The power to declare a mistrial and discharge the jury should be exercised with great care and caution and should be done only in cases of absolute necessity.…
• Kelly v. State, 371 So. 2d 162 (Fla. 1st DCA 1979)
  …old the court that he did not believe appellant could receive a fair trial in view of the panel’s familiarity with the previous trial. It is fundamental that every defendant is entitled to be tried by a fair and impartial jury. In Marrero v. State, 343 So. 2d 883 (Fla. 2d DCA 1977), the court reversed a conviction in an almost identical situation, finding that a jury is “bound to be unfairly prejudiced against the accused by reason of the knowledge of his arrest for another crime.” We concur with that reason…