90.106
Summing up and comment by judge.
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90.106 Summing up and comment by judge.—A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
Notes of Decisions
Cited in 38
cases (2 in the last 5 years), 1984–2025 · leading case: Universal Insurance Co. of North America v. Warfel
Universal Insurance Co. of North America v. Warfel (2012)
“7073(l)(c), as articulated at trial, was also inconsistent with section 90.106 Florida Statutes (2005), which provides that “[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the…”
Brown v. State (2009)
“Florida’s prohibition of judicial comment on the evidence has been codified in section 90.106, Florida Statutes (2007). Vaughn v.”
Walker v. State (2005)
“He further argues the instruction should not have been given by the trial court and that he is entitled to a new trial. The State counters by arguing that the basis for giving the instruction was section 812.”
Rutledge v. State (2009)
“Section 90.106, Florida Statutes (2005), states that a judge "may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.”
Rafael Alexander Gutierrez v. State of Florida (2015)
“” We disagree with the holding in Gutierrez below that it is a matter for the trial court’s discretion based on the facts and circumstances of an individual case.”
Marr v. State (1985)
“[12] Further, the Florida Evidence Code, adopted since decisions relied on by defendant, codifies the law in Section 90.106 as follows: [13] A judge may not sum up the evidence or comment to the jury on the weight of the evidence, the credibility of the witnesses, or the guilt…”
Lee v. State (2018)
“1962) ; see § 90.106, Fla. Stat. (2015) ("A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.”
Huff v. State (1986)
“He is entitled to have this considered in determining whether death should be his punishment. This factor should be weighed against the valid aggravating circumstances by the trial judge.”
Bryan Grigg v. State of Florida (2017)
“” § 90.106, Fla. Stat. (2016). When three prospective jurors at voir dire in this case indicated that they couldn’t convict a defendant in the absence of physical evidence, the trial court proceeded to question the prospective jurors himself as follows: THE COURT: Well, now, let…”
Harmon v. State (1988)
“Section 90.106, Florida Statutes (1985), provides that a judge may not comment to *187 the jury on the weight of the evidence or the credibility of the witnesses.”
Edwards J. Mitchell v. State (2016)
“1 The appellate court reasoned that by engaging in this “tender and accept” process, whereby the court implicitly or explicitly commented on the witness’s status as an “expert,” the court violated section 90.106, Florida Statutes (2016), which prohibits it from commenting on…”
Millett v. State (1984)
“Appellant argues that the trial judge violated Section 90.106, Florida Statutes, providing: "A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.”
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