ELIUS POLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ELIUS POLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
466 So. 2d 423
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. [*424] DOWNEY and HURLEY, JJ., concur. LETTS, J., concurs specially with opinion.
Concurrence
LETTS, Judge,
specially concurring.
I do not think the improprieties of the prosecutor rose to the level of fundamental error here so I am in agreement with the result. Nonetheless, the prosecutor’s behavior was improper. Any kid out of law school knows that a prosecutor should not, in closing argument, tell a jury that he did not know if he “could live with himself” if the jury found the defendant not guilty.
For such a statement, he needs his professional ears boxed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elius Poly v. State, 517 So. 2d 122 (Fla. 4th DCA 1987)…TEIN, Judge, concurring spécially. I write because, in my view, the special concurrence by a panelist to the per curiam affirmance in the direct appeal became a red herring in the proceedings on this motion at the trial level. See Poly v. State, 466 So. 2d 423 (Fla. 4th DCA 1985). The issues involved in the direct appeal are not the issues in the collateral attack on the ground of ineffective assistance of counsel. The value judgments expressed in the direct appeal by that appellate panel are no more re…