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Florida Statute 90.106 | Lawyer Caselaw & Research
F.S. 90.106 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.106

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.106
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.

F.S. 90.106 on Google Scholar

F.S. 90.106 on Casetext

Amendments to 90.106


Arrestable Offenses / Crimes under Fla. Stat. 90.106
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.106.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEE, v. STATE, 264 So. 3d 225 (Fla. App. Ct. 2018)

. . . State , 143 So.2d 484, 488 (Fla. 1962) ; see § 90.106, Fla. . . . ."); § 90.106, Fla. Stat. . . .

GRIGG, v. STATE, 230 So. 3d 943 (Fla. Dist. Ct. App. 2017)

. . . .” § 90.106, Fla. Stat. (2016). . . .

MITCHELL, v. STATE, 207 So.3d 369 (Fla. Dist. Ct. App. 2016)

. . . implicitly or explicitly commented on the witness’s status as an “expert,” the court violated section 90.106 . . . on the witness’s testimony or placing the court’s imprimatur on the witness in violation of section 90.106 . . .

OSORIO, v. STATE, 186 So. 3d 601 (Fla. Dist. Ct. App. 2016)

. . . See § 90.106, Fla. . . .

GUTIERREZ, v. STATE, 177 So. 3d 226 (Fla. 2015)

. . . This important prohibition has in fact been codified in section 90.106, Florida Statutes (2014), which . . .

WALDEN, v. STATE, 123 So. 3d 1164 (Fla. Dist. Ct. App. 2013)

. . . .” § 90.106, Fla. Stat. (2011). . . .

JOHNSON, v. STATE, 114 So. 3d 1012 (Fla. Dist. Ct. App. 2012)

. . . This principle is codified in section 90.106, Florida Statutes (2011), which provides that “[a] judge . . .

ORANGE COUNTY, v. S. BUCHMAN,, 81 So. 3d 520 (Fla. Dist. Ct. App. 2012)

. . . instruction was improper because it violated the prohibition against judicial comment set forth in section 90.106 . . . Section 90.106 provides that a judge may not comment to the jury upon the weight of the evidence. § 90.106 . . .

UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, v. WARFEL,, 82 So. 3d 47 (Fla. 2012)

. . . Section 90.106 The application of section 90.304 to section 627.7073(l)(c), as articulated at trial, . . . was also inconsistent with section 90.106 Florida Statutes (2005), which provides that “[a] judge may . . . instruction would be in clear violation of the prohibition against such instructions articulated in section 90.106 . . .

WILLIAMS, v. STATE, 70 So. 3d 733 (Fla. Dist. Ct. App. 2011)

. . . .” § 90.106, Fla. Stat. (2009). . . .

MITSUBISHI MOTORS CORPORATION, v. LALIBERTE, T., 52 So. 3d 31 (Fla. Dist. Ct. App. 2010)

. . . constituted a statement on the evidence and the ultimate issue to be decided, in violation of section 90.106 . . .

BROWN, Jr. v. STATE, 11 So. 3d 428 (Fla. Dist. Ct. App. 2009)

. . . Florida’s prohibition of judicial comment on the evidence has been codified in section 90.106, Florida . . . Section 90.106 provides: “A judge may not sum up the evidence or comment to the jury upon the weight . . . Marr I and Marr II were decided after the adoption of section 90.106 and the 1983 amendment to section . . . In reaching this conclusion, the en banc majority relied on section 90.106. Id. at 711. . . .

RUTLEDGE, v. STATE, 1 So. 3d 1122 (Fla. Dist. Ct. App. 2009)

. . . Section 90.106, Florida Statutes (2005), states that a judge “may not sum up the evidence or comment . . .

DIAZ, v. STATE, 958 So. 2d 377 (Fla. Dist. Ct. App. 2007)

. . . See also § 90.106, Fla. Stat. (2004); Charles W. . . .

ALEXANDER, v. STATE, 931 So. 2d 946 (Fla. Dist. Ct. App. 2006)

. . . See § 90.106, Fla. Stat. (2005); Brown v. State, 678 So.2d 910, 911 (Fla. 4th DCA 1996). . . .

VAUGHN, v. PROGRESSIVE CASUALTY INSURANCE COMPANY,, 907 So. 2d 1248 (Fla. Dist. Ct. App. 2005)

. . . This general principle has been codified in section 90.106, Florida Statutes (2003), which provides that . . .

WALKER, v. STATE, 896 So. 2d 712 (Fla. 2005)

. . . because they would likely overshadow that testimony of the witnesses themselves and of counsel, section 90.106 . . . Consistent with our judicial rule, section 90.106, Florida Statutes (2004), provides that “[a] judge . . . See § 90.106, Fla. . . .

JACQUES, v. STATE, 883 So. 2d 902 (Fla. Dist. Ct. App. 2004)

. . . Section 90.106, Florida Statutes (1999), states that a trial “judge may not sum up the evidence or comment . . .

COATES, v. STATE, 855 So. 2d 223 (Fla. Dist. Ct. App. 2003)

. . . Coates argues that section 90.106, Florida Statutes (2001), compelled the granting of a mistrial. . . .

THOMAS, v. STATE, 838 So. 2d 1192 (Fla. Dist. Ct. App. 2003)

. . . Section 90.106, Florida Statutes (2001), prohibits a trial judge from summing up the evidence or commenting . . .

GRANT, v. STATE, 764 So. 2d 804 (Fla. Dist. Ct. App. 2000)

. . . Section 90.106 of the Florida Evidence Code clearly dictates that in a jury trial a judge may not sum . . .

WHITAKER, v. STATE, 742 So. 2d 530 (Fla. Dist. Ct. App. 1999)

. . . See § 90.106, Fla. Stat. (1997); Fogelman v. State, 648 So.2d 214, 219 (Fla. 4th DCA 1994). . . .

P. GONZALEZ E. v. MERCY HOSPITAL, INC., 738 So. 2d 955 (Fla. Dist. Ct. App. 1999)

. . . .” § 90.106, Fla. Stat. (1997). . . .

BROWN, v. STATE, 678 So. 2d 910 (Fla. Dist. Ct. App. 1996)

. . . Section 90.106, Florida Statutes (1995), provides that “[a] judge may not ... comment to the jury upon . . .

MOTON, v. STATE, 659 So. 2d 1269 (Fla. Dist. Ct. App. 1995)

. . . . § 90.106, Fla.Stat. (1993); Williams v. . . .

FOGELMAN, v. STATE, 648 So. 2d 214 (Fla. Dist. Ct. App. 1994)

. . . because they would likely overshadow the testimony of the witnesses themselves and of counsel, Section 90.106 . . .

METROPOLITAN DADE COUNTY, v. YEARBY,, 580 So. 2d 186 (Fla. Dist. Ct. App. 1991)

. . . Canevary, 553 So.2d 1312, 1316 (Fla. 3d DCA 1989); § 90.106, Fla.Stat. (1989). . . .

HARMON, v. STATE, 527 So. 2d 182 (Fla. 1988)

. . . Section 90.106, Florida Statutes (1985), provides that a judge may not comment to the jury on the weight . . .

DAVIS, v. STATE, 516 So. 2d 953 (Fla. Dist. Ct. App. 1986)

. . . State, 460 So.2d 489 (Fla. 1st DCA 1984); § 90.106, Fla.Stat. (1985). . . .

MARR, v. STATE, 494 So. 2d 1139 (Fla. 1986)

. . . Also, section 90.106 of the Florida Evidence Code, adopted by this Court, 372 So.2d 1369; 376 So.2d 1161 . . .

HUFF, v. STATE, 495 So. 2d 145 (Fla. 1986)

. . . Section 90.106, Florida Statutes (1983) provides: A judge may not sum up the evidence or comment to the . . .

MARR, v. STATE, 470 So. 2d 703 (Fla. Dist. Ct. App. 1985)

. . . quality of the evidence ... ”; (3) the adoption of the Florida Evidence Code, particularly section 90.106 . . . As to the majority’s reliance upon section 90.106 — barring comments by the trial court regarding the . . . Cases are legion in annotation under Section 90.106, supra, that the judge must avoid any expression . . .

MILLETT, v. STATE, 460 So. 2d 489 (Fla. Dist. Ct. App. 1984)

. . . Appellant argues that the trial judge violated Section 90.106, Florida Statutes, providing: “A judge . . . because they would likely overshadow the testimony of the witnesses themselves and of counsel, Section 90.106 . . .