INES MENDEZ, APPELLANT,

v.

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Citator

Cited By (12 total)

• Jackson v. State, 818 So. 2d 539 (Fla. 2d DCA 2002)
  …groin area. Thus, albeit inadvertently, the prosecutor improperly suggested to the jury that there was non-record evidence tending to corroborate the officer’s testimony that Jackson possessed drugs at the time of the stop. See Hazelwood v. State, 658 So. 2d 1241, 1244 (Fla. 4th DCA 1995). The error was not harmless because this case boiled down to a credibility contest between Jackson and the officers. The State’s suggestion that there was other evidence in support of its case, coupled with its failure to o…
• Randall v. State, 760 So. 2d 892 (Fla. 2000)
  …defendant was guilty of murder). Randall also cites cases in which courts have found that comments by prosecutors as to uncalled corroborating witnesses were improper and prejudicial and necessitated reversal for a new trial. See Hazelwood v. State, 658 So. 2d 1241, 1244 (Fla. 4th DCA 1995); Tillman v. State, 647 So. 2d 1015, 1016 (Fla. 4th DCA 1994); Thompson v. State, 318 So. 2d 549, 551 (Fla. 4th DCA 1975). For an error to be so fundamental that it can be raised for the first time on appeal, the error must…
• Jennings v. State, 124 So. 3d 257 (Fla. 3d DCA 2013)
  …. But the prosecutor did not stop there. The prosecutor exceeded the scope of a fair reply by suggesting the defendant was exercising his right to a speedy trial to prevent possibly incriminating evidence from coming forward. See Hazelwood v. State, 658 So. 2d. 1241, 1243-44 (Fla. 4th DCA 1995) (holding that the prosecutor’s explanation of a defendant’s subpoena power was a fair reply to defense counsel questioning the absence of testimony from certain witnesses, but going a step further to claim uncalled witne…

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Authorities Cited

• Padgett v. Dep't OF Health & Rehabilitative Servs., 577 So. 2d 565 (Fla. 1991)
• Myles v. Dep't of Health & Rehabilitative Servs. & Guardian Ad Litem, 590 So. 2d 1053 (Fla. 3d DCA 1991)