Legal Opinion · Dissent

Solano v. State

District Court of Appeal of Florida

Decided April 7, 2010No. 3D07-3210Published

1DissentSchwartz, Senior Judge

While I agree that the state’s not-so-veiled, thoroughly disingenuous references, through the use of the code word “cauldron,” among others, to Santería rites as practiced by the defendant were grossly improper, I disagree that this established error should be disregarded as harmless. Particularly in view of the second degree murder conviction, it may not be said, I think, that these inflammatory references, which went directly to the character of the defendant, had no effect upon that finding (as opposed, for example, of one of aggravated manslaughter), which is, by definition, the result of…

2Cases cited4 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Montgomery v. StateDistrict Court of Appeal of Florida · 2009
  3. Ventura v. StateSupreme Court of Florida · 2010
  4. Stephenson v. StateDistrict Court of Appeal of Florida · 2010

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