motion for mistrial defense (Florida) · Go Syfert
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motion for mistrial defense in Florida

5 Florida opinions name it 2 courts 1991–2016 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 (2)

CaseFollowedCited
Shimko v. Stategreen
fladistctapp · 2004 · cited in 2 Florida opinions naming this issue, 2015–2015
2 sentences

2015This Court recently held that “[i]t is impermissible for the state to insinuate impeaching facts while questioning a defense witness without evidence to back up those facts.” Braddy v. State, 111 So.3d 810, 853 (Fla.2012) (quoting Shimko. v. State, 883 So.2d 341, 343 (Fla. 4th DCA 2004)).

2015This Court recently held that “[i]t is impermissible for the state to insinuate impeaching facts while questioning a defense witness without evidence to back up those facts.” Braddy v. State, 111 So. 3d 810, 853 (Fla. 2012) (quoting Shimko v. State, 883 So. 2d 341, 343 (Fla. 4th DCA 2004)).

22
Braddy v. Stategreen
fla · 2012 · cited in 2 Florida opinions naming this issue, 2015–2015
2 sentences

2015This Court recently held that “[i]t is impermissible for the state to insinuate impeaching facts while questioning a defense witness without evidence to back up those facts.” Braddy v. State, 111 So.3d 810, 853 (Fla.2012) (quoting Shimko. v. State, 883 So.2d 341, 343 (Fla. 4th DCA 2004)).

2015This Court recently held that “[i]t is impermissible for the state to insinuate impeaching facts while questioning a defense witness without evidence to back up those facts.” Braddy v. State, 111 So. 3d 810, 853 (Fla. 2012) (quoting Shimko v. State, 883 So. 2d 341, 343 (Fla. 4th DCA 2004)).

22

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 (3)

CaseCitedYears
Kloster Cruise Ltd. v. Grubbs green
fladistctapp · 2000
1 sentence

2016Tell them by the verdict that it is significant.’” Even though counsel did not specifically use the phrase “send a message,” the Third District nonetheless categorized the statements as “send a message” arguments, and held that the trial court’s denial of a motion for mistrial was error because the comments were “clearly improper.” Id. at 555 .

12016–2016
Jackson v. State green
fla · 1984
1 sentence

2004Rather, Smith's claim is that the denial conflicted with this Court's prior cases that recognize prejudicial error in the admission of testimony of "the kind forbidden by the Williams rule [4] and section 90.404(2)." Jackson, 451 So.2d at 461 .

12004–2004
Barrett v. State green
fladistctapp · 1972
1 sentence

1991Id.

11991–1991

Statutes the citing opinions construe

FL § 90.403 (3)

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.

Where else courts name it

FL 5 (1991–2016) TX 4 (1963–2013) CA 4 (1966–2021) AZ 4 (1983–2024) GA 3 (1987–2019) IL 2 (2021–2021) IN 2 (1971–2018)

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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