Legal Opinion

Datilus v. State

District Court of Appeal of Florida

Decided October 23, 2013No. 4D11-1243PublishedCited by 2 opinions

1Opinion of the CourtForst, J.

Fede Datilus appeals his convictions and sentences for sexual battery on a person less than twelve, lewd or lascivious molestation, and impregnation of a child. On appeal, he contends that the trial court abused its discretion by (1) sustaining the State’s Haliburton1 objection when defense counsel attempted to comment on the State not calling a witness, and (2) denying the defendant’s motion for mistri*124al after the prosecutor commented during closing arguments that she was not trying to “obscure the truth.” We conclude that the trial court did not abuse its discretion with respect to these…

2Cases cited6 opinions

  1. Haliburton v. StateSupreme Court of Florida · 1990
  2. Jackson v. StateDistrict Court of Appeal of Florida · 2012
  3. Martinez v. StateDistrict Court of Appeal of Florida · 1985
  4. Wicklow v. StateDistrict Court of Appeal of Florida · 2010
  5. Jean-Marie v. StateDistrict Court of Appeal of Florida · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Kevin Osorio v. State of FloridaDistrict Court of Appeal of Florida · 2016
  2. Albert Mears v. State of FloridaDistrict Court of Appeal of Florida · 2016

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