mass of fundamental error (Florida) · Go Syfert
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mass of fundamental error in Florida

6 Florida opinions name it 2 courts 1998–2020 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 (11)

CaseFollowedCited
Cochran v. Stategreen
fladistctapp · 1998 · cited in 5 Florida opinions naming this issue, 2003–2020
2 sentences

2017“Here, the improprieties in the prosecutor’s closing argument reached the critical mass of fundamental error.” Id.

2017“Here, the improprieties in the prosecutor’s closing argument reached the critical mass of fundamental error.” Id.

45
Peterson v. Stategreen
fladistctapp · 1979 · cited in 2 Florida opinions naming this issue, 1998–2003
2 sentences

2003This court has held that multiple improprieties in a prosecutor's closing argument may reach "the critical mass of fundamental error" which destroys "the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Cochran v. State, 711 So.2d 1159, 1163 (Fla. 4th DCA 1998) (quoting Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979))); see McKenzie v. State, 830 So.2d 234, 238 (Fla. 4th DCA 2002).

1998Taken as a whole, the final argument was "such as utterly to destroy the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting from Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979)); see also Rhodes v. State, 547 So.2d 1201, 1206 (Fla. 1989); Tuff v. State, 509 So.2d 953, 955-56 (Fla. 4th DCA 1987); Thompson v. State, 318 So.2d 549, 551 (Fla. 4th DCA 1975); Fuller, 540 So.2d at 184-85 .

22
Knight v. Stategreen
fladistctapp · 1996 · cited in 2 Florida opinions naming this issue, 1998–2003
2 sentences

2003This court has held that multiple improprieties in a prosecutor's closing argument may reach "the critical mass of fundamental error" which destroys "the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Cochran v. State, 711 So.2d 1159, 1163 (Fla. 4th DCA 1998) (quoting Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979))); see McKenzie v. State, 830 So.2d 234, 238 (Fla. 4th DCA 2002).

1998Taken as a whole, the final argument was "such as utterly to destroy the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting from Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979)); see also Rhodes v. State, 547 So.2d 1201, 1206 (Fla. 1989); Tuff v. State, 509 So.2d 953, 955-56 (Fla. 4th DCA 1987); Thompson v. State, 318 So.2d 549, 551 (Fla. 4th DCA 1975); Fuller, 540 So.2d at 184-85 .

22
Brooks v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020Brooks v. State, 762 So. 2d 879, 899 (Fla. 2000) (quoting Cochran v. State, 711 So. 2d 1159, 1163 (Fla. 4th DCA 1998)); Chandler, 702 So. 2d at 191 n.5.

11
Ruiz v. Stategreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007This Court recognized in Ruiz v. State, 743 So.2d 1, 7 (Fla.1999), and I would likewise hold here, that "[w]hen the properly preserved comments are combined with additional acts of prosecutorial overreaching . . . the integrity of the judicial process has been compromised and the resulting . . . sentence[] irreparably tainted." Looking at the totality of the circumstances in this resentencing, I conclude that the prosecutor's improper comments compromised the integrity of the penalty phase process and that the jury's recommendation was tainted by the State's improper emotional appeals.

11
McKenzie v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003This court has held that multiple improprieties in a prosecutor's closing argument may reach "the critical mass of fundamental error" which destroys "the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Cochran v. State, 711 So.2d 1159, 1163 (Fla. 4th DCA 1998) (quoting Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979))); see McKenzie v. State, 830 So.2d 234, 238 (Fla. 4th DCA 2002).

11
Kilgore v. Stategreen
fla · 1996 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Here, the improprieties in the prosecutor's closing argument reached the critical mass of fundamental error, which the supreme court has defined as error that "reach[es] 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 v. State, 688 So.2d 895, 898 (Fla.1996) (quoting from State v. Delva, 575 So.2d 643, 644-45 (Fla.1991)), cert. denied, ___ U.S. ___, 118 S.Ct. 103 , 139 L.Ed.2d 58 (1997).

11
Rhodes v. Stategreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Taken as a whole, the final argument was "such as utterly to destroy the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting from Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979)); see also Rhodes v. State, 547 So.2d 1201, 1206 (Fla. 1989); Tuff v. State, 509 So.2d 953, 955-56 (Fla. 4th DCA 1987); Thompson v. State, 318 So.2d 549, 551 (Fla. 4th DCA 1975); Fuller, 540 So.2d at 184-85 .

11
Thompson v. Stategreen
fladistctapp · 1975 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Taken as a whole, the final argument was "such as utterly to destroy the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting from Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979)); see also Rhodes v. State, 547 So.2d 1201, 1206 (Fla. 1989); Tuff v. State, 509 So.2d 953, 955-56 (Fla. 4th DCA 1987); Thompson v. State, 318 So.2d 549, 551 (Fla. 4th DCA 1975); Fuller, 540 So.2d at 184-85 .

11
Tuff v. Stategreen
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Taken as a whole, the final argument was "such as utterly to destroy the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting from Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979)); see also Rhodes v. State, 547 So.2d 1201, 1206 (Fla. 1989); Tuff v. State, 509 So.2d 953, 955-56 (Fla. 4th DCA 1987); Thompson v. State, 318 So.2d 549, 551 (Fla. 4th DCA 1975); Fuller, 540 So.2d at 184-85 .

11
State v. Delvagreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Here, the improprieties in the prosecutor's closing argument reached the critical mass of fundamental error, which the supreme court has defined as error that "reach[es] 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 v. State, 688 So.2d 895, 898 (Fla.1996) (quoting from State v. Delva, 575 So.2d 643, 644-45 (Fla.1991)), cert. denied, ___ U.S. ___, 118 S.Ct. 103 , 139 L.Ed.2d 58 (1997).

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 (4)

CaseCitedYears
Chandler v. State green
fla · 1997
1 sentence

2020Brooks v. State, 762 So. 2d 879, 899 (Fla. 2000) (quoting Cochran v. State, 711 So. 2d 1159, 1163 (Fla. 4th DCA 1998)); Chandler, 702 So. 2d at 191 n.5.

12020–2020
Camarano v. United States District Court for the Southern District of New York green
scotus · 1997
1 sentence

1998Here, the improprieties in the prosecutor's closing argument reached the critical mass of fundamental error, which the supreme court has defined as error that "reach[es] 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 v. State, 688 So.2d 895, 898 (Fla.1996) (quoting from State v. Delva, 575 So.2d 643, 644-45 (Fla.1991)), cert. denied, ___ U.S. ___, 118 S.Ct. 103 , 139 L.Ed.2d 58 (1997).

11998–1998
Fuller v. State green
fladistctapp · 1989
1 sentence

1998Taken as a whole, the final argument was "such as utterly to destroy the defendant's most important right under our system, the right to the `essential fairness of [his] criminal trial.'" Knight v. State, 672 So.2d 590, 591 (Fla. 4th DCA 1996) (quoting from Peterson v. State, 376 So.2d 1230, 1234 (Fla. 4th DCA 1979)); see also Rhodes v. State, 547 So.2d 1201, 1206 (Fla. 1989); Tuff v. State, 509 So.2d 953, 955-56 (Fla. 4th DCA 1987); Thompson v. State, 318 So.2d 549, 551 (Fla. 4th DCA 1975); Fuller, 540 So.2d at 184-85 .

11998–1998
Jafar v. California green
scotus · 1997
1 sentence

1998Here, the improprieties in the prosecutor's closing argument reached the critical mass of fundamental error, which the supreme court has defined as error that "reach[es] 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 v. State, 688 So.2d 895, 898 (Fla.1996) (quoting from State v. Delva, 575 So.2d 643, 644-45 (Fla.1991)), cert. denied, ___ U.S. ___, 118 S.Ct. 103 , 139 L.Ed.2d 58 (1997).

11998–1998

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