10 Florida opinions name it 2 courts 1980–2017 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.
| Case | Followed | Cited |
|---|---|---|
Graham v. Stategreen2 sentences2017See Tumblin, 29 So.3d at 1102 (“The giving of a curative instruction will often obviate the necessity of a mistrial.” (quoting Graham v. State, 479 So.2d 824, 825 (Fla. 2d DCA 1985))). 2017See Tumblin, 29 So. 3d at 1102 (“The giving of a curative instruction will often obviate the necessity of a mistrial.” (quoting Graham v. State, 479 So. 2d 824, 825 (Fla. 2d DCA 1985))). | 1 | 1 |
Tumblin v. Stategreen2 sentences2017See Tumblin, 29 So.3d at 1102 (“The giving of a curative instruction will often obviate the necessity of a mistrial.” (quoting Graham v. State, 479 So.2d 824, 825 (Fla. 2d DCA 1985))). 2017See Tumblin, 29 So. 3d at 1102 (“The giving of a curative instruction will often obviate the necessity of a mistrial.” (quoting Graham v. State, 479 So. 2d 824, 825 (Fla. 2d DCA 1985))). | 1 | 1 |
Cole v. Stategreen1 sentence2006"A ruling on a motion for mistrial is within the sound discretion of the trial court." Cole v. State, 701 So.2d 845, 853 (Fla.1997). | 1 | 1 |
Henderson v. Stategreen1 sentence2004See Stires v. State, 824 So.2d 943 (Fla. 5th DCA 2002); Henderson v. State, 789 So.2d 1016, 1018 (Fla. 2d DCA 2000); cf., Chamberlain v. State, 29 Fla. L. | 1 | 1 |
Stires v. Stategreen1 sentence2004See Stires v. State, 824 So.2d 943 (Fla. 5th DCA 2002); Henderson v. State, 789 So.2d 1016, 1018 (Fla. 2d DCA 2000); cf., Chamberlain v. State, 29 Fla. L. | 1 | 1 |
Castro v. Stategreen1 sentence2002See Castro v. State, 644 So.2d 987, 990 (Fla.1994). (5) The trial court sustained defense counsel's objection when the prosecutor said in closing argument that no sperm was found vaginally or orally on the victim; the court gave a curative instruction to which defense counsel did not object. | 1 | 1 |
Williams v. Stategreen1 sentence2001Similarly, Williams v. State, 754 So.2d 724, 726 (Fla. 4th DCA 1999), concluded that a state comment which impermissibly shifted the burden of proof by suggesting that the defendant had an expert which he failed to call was error, but the court gave a curative instruction and the error was not so prejudicial as to warrant granting the motion for mistrial. | 1 | 1 |
United States v. Pedro Martinez (91-1908) and Virginia Escamilla (91-2131)green1 sentence2001Such an instruction was held to cure any error in United States v. Martinez, 981 F.2d 867, 871 (6th Cir.1992), cited by the state. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Acosta v. State
green
2 sentences2010Id. 2010Id. | 1 | 2010–2010 |
Griffin v. State
green
1 sentence2009In Griffin v. State, 639 So.2d 966 (Fla.1994), the supreme court explained: [Evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. | 1 | 2009–2009 |
Johnson v. State
green
1 sentence1981Taking into consideration that the question was unanswered and that the court gave a curative instruction, see Johnson v. State, 393 So.2d 1069 (Fla.1980), under the facts and circumstances of this case, we find no violation of defendant’s right to a fair trial. | 1 | 1981–1981 |
Romero v. State
neutral
1 sentence1980Romero v. State, 341 So.2d 263 (Fla. 3d DCA 1977); Mabery v. State, 303 So.2d 369 (Fla. 3d DCA 1974). | 1 | 1980–1980 |
Arline v. State
green
1 sentence1980Now, Beamer works in an adult theater, but he sat down before you, and I think you could see this is a guy that has worked a long life, and he is doing his own job, too, and I think he is a moral fellow, and I think he is truthful ..." [Here, the court gave a curative instruction.] [2] Compare Arline v. State, 303 So.2d 37 (Fla. 1st DCA 1974). [3] In final argument, the prosecutor said, "... | 1 | 1980–1980 |
Mabery v. State
green
1 sentence1980Romero v. State, 341 So.2d 263 (Fla. 3d DCA 1977); Mabery v. State, 303 So.2d 369 (Fla. 3d DCA 1974). | 1 | 1980–1980 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.