Joseph v. State

District Court of Appeal of Florida

Decided February 4, 1998

District Court of Appeal of Florida · decided 1998-02-04

Cited by 5 later decisions — most recently January 2019

5 state decisions

Key passage — most relied on by later courts

“strong curative instruction promptly given by the trial court alleviated any possible prejudice, thus trial court correctly denied the mistrial motion”

quoted by 1 later decision, including 856 So. 2d 1074 - Perez v. State

Relies on 629 So. 2d 249 - Kivett v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-02-04

View the full empirical analysis of this case →

PER CURIAM.

¶1Franky St. Louis Joseph appeals his conviction for premeditated murder contending, inter alia, that certain comments made by the prosecution in closing argument required a mistrial. Our review of the record leads us to conclude that the strong curative instruction promptly given by the trial court alleviated any possible prejudice, thus the court correctly denied the mistrial motion. See, e.g. Kivett v. State, 629 So.2d 249 (Fla. 3d DCA 1993).

¶2Finding no merit in Joseph’s other contention we affirm his conviction.

¶3Affirmed.