Fagins v. State

District Court of Appeal of Florida

Fagins v. State

116 So. 3d 569, 2013 WL 3014451, 2013 Fla. App. LEXIS 9643

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 2013

DocketNo. 3D12-751

StatusPublished

Cited by1 cases

This text of 116 So. 3d 569 (Fagins v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fagins v. State, 116 So. 3d 569, 2013 WL 3014451, 2013 Fla. App. LEXIS 9643 (Fla. Ct. App. 2013).

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Opinion

SUAREZ, J.

We 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.

Affirmed.

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SUAREZ, J.

We 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.

Affirmed.

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Bluebook (online)

116 So. 3d 569, 2013 WL 3014451, 2013 Fla. App. LEXIS 9643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fagins-v-state-fladistctapp-2013.

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