comments constitute fundamental error (Florida) · Go Syfert
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comments constitute fundamental error in Florida

10 Florida opinions name it 2 courts 1998–2017 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Urbin v. Stategreen
fla · 1998 · cited in 4 Florida opinions naming this issue, 1999–2005
2 sentences

2005See Urbin v. State, 714 So.2d 411 , 418 n. 8 (Fla.1998); Bonifay v. State, 680 So.2d 413 , 418 n. 9 (Fla.1996).

2002See Urbin, 714 So.2d at 418 n. 8.

34
Downs v. Mooregreen
fla · 2001 · cited in 2 Florida opinions naming this issue, 2001–2003
2 sentences

2003As this Court has stated in the past, fundamental error "is defined as the type of error which reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." Downs v. Moore, 801 So.2d 906, 910-11 (Fla.2001) (internal quotation marks omitted).

2001The Florida Supreme Court has defined fundamental error in closing argument as error that "reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." Urbin v. State, 714 So.2d 411 , 418 n. 8 (1998) (quoting Kilgore, 688 So.2d at 898 ); see also Downs v. Moore, 801 So.2d 906 (Fla.2001); Morton, 789 So.2d at 329 (quoting Brooks, 762 So.2d at 898 ).

22
Kilgore v. Stategreen
fla · 1996 · cited in 2 Florida opinions naming this issue, 1998–2001
2 sentences

2001Absent a contemporaneous objection, appellate courts will not review alleged inappropriate comments made by counsel during closing argument unless the comments constitute fundamental error. [2] Morton v. State, 789 So.2d 324 (Fla. 2001); Brooks v. State, 762 So.2d 879 (Fla. 2000); Echevarria v. State, 783 So.2d 1236, 1237 (Fla. 5th DCA 2001) (citing Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996)); see also Kilgore v. State, 688 So.2d 895, 898 (Fla.1996); Wyatt v. State, 641 So.2d 355 (Fla.1994).

1998The only exception to this blanket procedural bar is where the comments constitute fundamental error, defined as error that "reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." Kilgore, 688 So.2d at 898 .

12
Thompson v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Thompson v. State, 88 So.3d 322, 324 (Fla. 4th DCA 2012).

11
Cherry v. Mooregreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006For improper comments, made during closing argument, to rise to the level of fundamental error, the comments must be "egregious." See Cherry v. Moore, 829 So. 2d 873, 882 (Fla. 2002).

11
Echevarria v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001Absent a contemporaneous objection, appellate courts will not review alleged inappropriate comments made by counsel during closing argument unless the comments constitute fundamental error. [2] Morton v. State, 789 So.2d 324 (Fla. 2001); Brooks v. State, 762 So.2d 879 (Fla. 2000); Echevarria v. State, 783 So.2d 1236, 1237 (Fla. 5th DCA 2001) (citing Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996)); see also Kilgore v. State, 688 So.2d 895, 898 (Fla.1996); Wyatt v. State, 641 So.2d 355 (Fla.1994).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Bonifay v. State green
fla · 1996
2 sentences

2005See Urbin v. State, 714 So.2d 411 , 418 n. 8 (Fla.1998); Bonifay v. State, 680 So.2d 413 , 418 n. 9 (Fla.1996).

1999See Urbin v. State, 714 So.2d 411 , 418 n. 8 (Fla.1998); Bonifay v. State, 680 So.2d 413 , 418 n. 9 (Fla.1996).

21999–2005
McDonald v. State green
fla · 1999
1 sentence

2017Id.

12017–2017
Jones v. State green
fladistctapp · 1996
1 sentence

2001Absent a contemporaneous objection, appellate courts will not review alleged inappropriate comments made by counsel during closing argument unless the comments constitute fundamental error. [2] Morton v. State, 789 So.2d 324 (Fla. 2001); Brooks v. State, 762 So.2d 879 (Fla. 2000); Echevarria v. State, 783 So.2d 1236, 1237 (Fla. 5th DCA 2001) (citing Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996)); see also Kilgore v. State, 688 So.2d 895, 898 (Fla.1996); Wyatt v. State, 641 So.2d 355 (Fla.1994).

12001–2001
Morton v. State green
fla · 2001
2 sentences

2001Absent a contemporaneous objection, appellate courts will not review alleged inappropriate comments made by counsel during closing argument unless the comments constitute fundamental error. [2] Morton v. State, 789 So.2d 324 (Fla. 2001); Brooks v. State, 762 So.2d 879 (Fla. 2000); Echevarria v. State, 783 So.2d 1236, 1237 (Fla. 5th DCA 2001) (citing Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996)); see also Kilgore v. State, 688 So.2d 895, 898 (Fla.1996); Wyatt v. State, 641 So.2d 355 (Fla.1994).

2001The Florida Supreme Court has defined fundamental error in closing argument as error that "reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." Urbin v. State, 714 So.2d 411 , 418 n. 8 (1998) (quoting Kilgore, 688 So.2d at 898 ); see also Downs v. Moore, 801 So.2d 906 (Fla.2001); Morton, 789 So.2d at 329 (quoting Brooks, 762 So.2d at 898 ).

12001–2001
Wyatt v. State green
fla · 1994
1 sentence

2001Absent a contemporaneous objection, appellate courts will not review alleged inappropriate comments made by counsel during closing argument unless the comments constitute fundamental error. [2] Morton v. State, 789 So.2d 324 (Fla. 2001); Brooks v. State, 762 So.2d 879 (Fla. 2000); Echevarria v. State, 783 So.2d 1236, 1237 (Fla. 5th DCA 2001) (citing Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996)); see also Kilgore v. State, 688 So.2d 895, 898 (Fla.1996); Wyatt v. State, 641 So.2d 355 (Fla.1994).

12001–2001
Brooks v. State green
fla · 2000
2 sentences

2001Absent a contemporaneous objection, appellate courts will not review alleged inappropriate comments made by counsel during closing argument unless the comments constitute fundamental error. [2] Morton v. State, 789 So.2d 324 (Fla. 2001); Brooks v. State, 762 So.2d 879 (Fla. 2000); Echevarria v. State, 783 So.2d 1236, 1237 (Fla. 5th DCA 2001) (citing Jones v. State, 666 So.2d 995 (Fla. 5th DCA 1996)); see also Kilgore v. State, 688 So.2d 895, 898 (Fla.1996); Wyatt v. State, 641 So.2d 355 (Fla.1994).

2001The Florida Supreme Court has defined fundamental error in closing argument as error that "reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error." Urbin v. State, 714 So.2d 411 , 418 n. 8 (1998) (quoting Kilgore, 688 So.2d at 898 ); see also Downs v. Moore, 801 So.2d 906 (Fla.2001); Morton, 789 So.2d at 329 (quoting Brooks, 762 So.2d at 898 ).

12001–2001
Pacifico v. State green
fladistctapp · 1994
1 sentence

1998Reversal is not warranted unless “the error committed was so prejudicial as to vitiate the entire trial.” See, e.g., Street v. State, 636 So.2d 1297 (Fla.1994); Pacifico v. State, 642 So.2d 1178 (Fla. 1st DCA 1994).

11998–1998
Street v. State green
fla · 1994
1 sentence

1998Reversal is not warranted unless “the error committed was so prejudicial as to vitiate the entire trial.” See, e.g., Street v. State, 636 So.2d 1297 (Fla.1994); Pacifico v. State, 642 So.2d 1178 (Fla. 1st DCA 1994).

11998–1998

Statutes the citing opinions construe

FL § 921.141 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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