Scott v. State

District Court of Appeal of Florida

Scott v. State

688 So. 2d 1021, 1997 Fla. App. LEXIS 1839, 1997 WL 91405

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1997

DocketNos. 95-2527, 95-2526

StatusPublished

Cited by2 cases

This text of 688 So. 2d 1021 (Scott 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

Scott v. State, 688 So. 2d 1021, 1997 Fla. App. LEXIS 1839, 1997 WL 91405 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Affirmed. Melbourne v. State, 679 So.2d 759, 764 (Fla.l996)(party objecting to per[1022]*1022emptory based on racial grounds must timely object on that basis, show that venire person is member of distinct racial group, and request that court ask striking party for a reason); Joiner v. State, 618 So.2d 174, 176 (Fla.l993)(objeetion waived absent renewed objection or acceptance of jury subject to prior objection)c(‘When counsel refers to a witness or a defendant as being a ‘liar,’ and it is understood from the context that the charge is made with reference to testimony given by the person thus characterized, the prosecutor is merely submitting to the jury a conclusion that he is arguing can be drawn from the evidence.”), cert, denied, 484 U.S. 1020, 108 S.Ct. 732, 98 L.Ed.2d 680 (1988); Kivett v. State, 629 So.2d 249, 250 (Fla. 3d DCA 1993)(“A motion for mistrial is addressed to the sound discretion of the trial judge and should only be granted in cases of absolute necessity.”); Green v. State, 571 So.2d 571, 573 (Fla. 3d DCA 1990)(“Defense counsel cannot invite the comments and then complain that the comments were made.”).

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PER CURIAM.

Affirmed. Melbourne v. State, 679 So.2d 759, 764 (Fla.l996)(party objecting to per[1022]*1022emptory based on racial grounds must timely object on that basis, show that venire person is member of distinct racial group, and request that court ask striking party for a reason); Joiner v. State, 618 So.2d 174, 176 (Fla.l993)(objeetion waived absent renewed objection or acceptance of jury subject to prior objection)c(‘When counsel refers to a witness or a defendant as being a ‘liar,’ and it is understood from the context that the charge is made with reference to testimony given by the person thus characterized, the prosecutor is merely submitting to the jury a conclusion that he is arguing can be drawn from the evidence.”), cert, denied, 484 U.S. 1020, 108 S.Ct. 732, 98 L.Ed.2d 680 (1988); Kivett v. State, 629 So.2d 249, 250 (Fla. 3d DCA 1993)(“A motion for mistrial is addressed to the sound discretion of the trial judge and should only be granted in cases of absolute necessity.”); Green v. State, 571 So.2d 571, 573 (Fla. 3d DCA 1990)(“Defense counsel cannot invite the comments and then complain that the comments were made.”).

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Bluebook (online)

688 So. 2d 1021, 1997 Fla. App. LEXIS 1839, 1997 WL 91405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-fladistctapp-1997.

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