Fagins v. State

District Court of Appeal of Florida

Decided June 19, 2013

District Court of Appeal of Florida · decided 2013-06-19

Cited by 1 later decisions — most recently March 2016

1 state decisions

Key passage — most relied on by later courts

“[C]omments on the credibility of counsel, such as those at issue in this case, are recurring in closing arguments at an alarming rate. We caution counsel ... to uphold their professional and ethical obligations and to be mindful of the line clearly established by the courts of this State. See, e.g., Jackson v. State, 421 So.2d 15 (Fla. 3d DCA 1982); Del Rio v. State, 732 So.2d 1100 (Fla. 3d DCA 1999).”

quoted by 1 later decision, including 188 So. 3d 53 - R.J. Reynolds Tobacco Company, as successor by merger to Lorillard Tobacco Company v. Kathleen Gafney, as Personal Representative of the Estate of Frank Eugene Gafney

Relies on 421 So. 2d 15 - Jackson v. State · 732 So. 2d 1100 - Del Rio v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-06-19

View the full empirical analysis of this case →

SUAREZ, J.

¶1We find no fundamental error and therefore affirm the judgment and sentence. However, we note that comments on the credibility of counsel, such as those at issue in this case, are recurring in closing arguments at an alarming rate. We caution counsel for both the prosecution and defense to uphold their professional and ethical obligations and to be mindful of the line clearly established by the courts of this State. -See, e.g., Jackson v. State, 421 So.2d 15 (Fla. 3d DCA 1982); Del Rio v. State, 732 So.2d 1100 (Fla. 3d DCA 1999). We also entreat the trial courts to be mindful of such misconduct and to respond accordingly with appropriate curative instructions and firm admonishment of counsel.

¶2Affirmed.