TIMOTHY W. FLETCHER, PETITIONER,

v.

FLORIDA.

Citator

Cited By

• Tundidor v. State, 221 So. 3d 587 (Fla. 2017)
  …inding of whether a mitigating circumstance has been established is a question of fact that will not be overturned where it is supported by competent, substantial evidence.” Fletcher v. State, 168 So. 3d 186, 218 (Fla. 2015), cert. denied, — U.S. —, 136 S.Ct. 980, 194 L.Ed.2d 7 (2016). “The age of the defendant at the time of the crime” is a statutory mitigating circumstance. § 921.141(7)(g), Fla. Stat. Middle age may be considered a mitigating factor when the defendant has no significant prior criminal hist…
• Jackson v. State, 213 So. 3d 754 (Fla. 2017)
  …a. 1981), an isolated or stray reference to a defendant’s prior incarceration is considered in context of the trial and does not necessarily result in a mistrial. See Fletcher v. State, 168 So. 3d 186, 207 (Fla. 2015), cert. denied, — U.S. —, [*776] 136 S.Ct. 980, 194 L.Ed.2d 7 (2016). When determining whether such a remark vitiated the defendant’s right to a fair trial, reviewing courts have often considered whether the fact of a prior conviction or incarceration was critical to any facts at issue during…
• Guzman v. State, 214 So. 3d 625 (Fla. 2017)
  …vitiate the entire trial. See Fletcher v. State, 168 So. 3d 186, 207 (Fla. 2015) (“A comment [regarding a defendant’s prior imprisonment] that is brief, isolated, and inadvertent may not warrant a mistrial.”), cert. denied, — U.S. —, 136 S.Ct. 980, 194 L.Ed.2d 7 (2016). Thus, the trial court did not abuse its discretion in denying the motion for mistrial. Guzman argues that the reference made by Detective Arostegui to “a possible DNA match” “had the unmistakable effect of telling the jury that Mr. Guzman’s…