Florida District Courts of Appeal, 2013

Fagins v. State

Fagins v. State
Florida District Courts of Appeal · Decided June 19, 2013 · Rothenberg, Salter, Suarez
116 So. 3d 569; 2013 WL 3014451; 2013 Fla. App. LEXIS 9643 (Southern Reporter, Third Series)

Fagins v. State

Opinion of the Court

SUAREZ, J.

We find no fundamental error and therefore affirm the judgment and sentence. However, we note that comments on the credibility of counsel, such as those at issue in this case, are recurring in closing arguments at an alarming rate. We caution counsel for both the prosecution and defense to uphold their professional and ethical obligations and to be mindful of the line clearly established by the courts of this State. -See, e.g., Jackson v. State, 421 So.2d 15 (Fla. 3d DCA 1982); Del Rio v. State, 732 So.2d 1100 (Fla. 3d DCA 1999). We also entreat the trial courts to be mindful of such misconduct and to respond accordingly with appropriate curative instructions and firm admonishment of counsel.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.