Stephenson v. State
District Court of Appeal of Florida
1ConcurrenceShepherd, J.
I concur in the decision of the majority in this case. I write to underscore the apparent fact, evident from the quoted testimony, that the defendant in this case considered having an abortion long before she knew the fetus was malformed and the baby likely would be born with serious medical problems. New trials should not be lightly granted. See Warner v. Coding, 91 Fla. 260, 107 So. 406 (1926). However, in this ease,' where the prosecutor exacerbated the prejudicial testimony in final argument, probably unnecessarily given the quantity of incriminating evidence in the record, I believe the…
2Cases cited5 opinions
- Warner v. GodingSupreme Court of Florida · 1926
- DeFreitas v. StateDistrict Court of Appeal of Florida · 1997
- State v. WilliamsDistrict Court of Appeal of Florida · 2008
- Anderson v. WatsonDistrict Court of Appeal of Florida · 1990
- Hernandez v. FelicianoDistrict Court of Appeal of Florida · 2004