Smith v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that the abuse of discretion standard applied to denials of motions for mistrial requires determining whether an isolated and limited comment is so prejudicial that it vitiates the entire trial
• confirming denial of a motion for mistrial is reviewed for an abuse of discretion
• in requesting that the jury return a guilty verdict, prosecutor improperly told the jury that \[y]ou are citizens that speak on behalf of your community in rendering a verdict in this case\. Cf. also Kennerdy v. State, 749 So.2d 507, 507 (Fla. 2d DCA 1999
• “The reference to the jury speaking for the community did not permeate the closing argument. Rather, it was near the end of the argument and ... would not appear to be so prejudicial as to vitiate the entire trial and thus a mistrial was not warranted.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

7 cases in this archive cite this case.

• Zack v. State
  Supreme Court of Florida· 2005-07-07· cited 103×
• Thornton v. State
  District Court of Appeal of Florida· 2003-08-20· cited 6×
• Sampson v. State
  District Court of Appeal of Florida· 2017-03-15· cited 6×
• LELIEVE v. State
  District Court of Appeal of Florida· 2009-04-15· cited 5×
• Ruiz v. State
  District Court of Appeal of Florida· 2012-02-15· cited 3×
• Siders v. State
  District Court of Appeal of Florida· 2002-07-30
• Augustine v. State
  District Court of Appeal of Florida· 2004-05-19

Cites

14 cases in this archive are cited by this case.

• Goodwin v. State
  Supreme Court of Florida· 1999-12-16· cited 292×
• Card v. State
  Supreme Court of Florida· 2001-10-11· cited 117×
• Cole v. State
  Supreme Court of Florida· 1997-09-18· cited 115×
• Jones v. State
  District Court of Appeal of Florida· 1984-03-22· cited 22×
• Gray v. Chesterfield-Colonial Heights Department of Social Services
  Supreme Court· 1998-03-30· cited 20×
• Reyes v. State
  District Court of Appeal of Florida· 1997-10-22· cited 15×
• Del Rio v. State
  District Court of Appeal of Florida· 1999-02-03· cited 12×
• Williard v. State
  District Court of Appeal of Florida· 1985-01-16· cited 11×
• Otero v. State
  District Court of Appeal of Florida· 2000-03-08· cited 10×
• Thornton v. State
  District Court of Appeal of Florida· 2000-10-06· cited 8×
• Johnson v. State
  District Court of Appeal of Florida· 2001-11-21· cited 7×
• Birren v. State
  District Court of Appeal of Florida· 2000-02-16· cited 6×
• Jorlett v. State
  District Court of Appeal of Florida· 2000-09-22· cited 2×
• Spitznogle v. Dunnellon Moose Lodge 2308
  District Court of Appeal of Florida· 2002-06-21· cited 1×