use of a curative instruction (Florida) · Go Syfert
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use of a curative instruction in Florida

7 Florida opinions name it 1 courts 1999–2025 3 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 (5)

CaseFollowedCited
Webb v. Stategreen
fladistctapp · 2013 · cited in 4 Florida opinions naming this issue, 2019–2025
2 sentences

2025See Talley v. State, 260 So. 3d 562, 571-72 (Fla. 3d DCA 2019) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (citing Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013))). 2

2024See Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (quoting Rivera v. State, 745 So. 2d 343, 345 (Fla. 4th DCA 1999))).

44
Rivera v. Stategreen
fladistctapp · 1999 · cited in 3 Florida opinions naming this issue, 2013–2024
2 sentences

2024See Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (quoting Rivera v. State, 745 So. 2d 343, 345 (Fla. 4th DCA 1999))).

2019See Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (quoting Rivera v. State, 745 So. 2d 343, 345 (Fla. 4th DCA 1999))).

33
Buenoano v. Stategreen
fla · 1988 · cited in 2 Florida opinions naming this issue, 1999–2013
2 sentences

2013“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” Rivera v. State, 745 So.2d 343, 345 (Fla. 4th DCA 1999) (citing Buenoano v. State, 527 So.2d 194 (Fla.1988)).

1999See Buenoano v. State, 527 So.2d 194 (Fla.1988), where, in addition to properly admitted collateral evidence of prior poisoning of the appellant's two other husbands and the appellant's receipt of life insurance proceeds, the state's witness gratuitously and improperly testified that the appellant had set fire to her own house to collect insurance proceeds.

12
Talley v. Stategreen
fladistctapp · 2019 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Talley v. State, 260 So. 3d 562, 571-72 (Fla. 3d DCA 2019) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (citing Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013))). 2

11
Espute v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013In Espute v. State, 85 So.3d 532, 536 (Fla. 4th DCA 2012), for example, the Fourth District held the trial court did not abuse its discretion in denying a mistrial after the prosecutor commented on the defendant’s right to silence during cross-examination of the defendant because the defense’s objection was sustained and followed by a curative instruction to “disregard the last question, draw no inferences from it” and cross out any notes regarding the comment.

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 (1)

CaseCitedYears
McArthur v. State green
fladistctapp · 2001
1 sentence

2016Moreover, “[generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” Id. (internal quotation marks omitted).

12016–2016

Where else courts name it

FL 7 (1999–2025) DE 4 (2008–2025)

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.

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