Legal Opinion

Martinez v. State

District Court of Appeal of Florida

Decided June 26, 2013No. 4D11-4780PublishedCited by 3 opinions

1Opinion of the CourtLevine, J.

The issues presented for our review are whether the trial court erred in allowing the state, during a criminal prosecution, to question witnesses and argue in closing argument that appellant had hired a law firm to file a civil suit related to the incident for which appellant was arrested. We find, specifically, that the trial court erred in allowing the state to question a doctor, testifying for appellant, as to whether appellant had hired a civil attorney to file a lawsuit. We further find that the error was not harmless, as it was compounded by the questioning of appellant’s wife as to…

2Cases cited8 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Potashnick v. Port City Construction Co.Court of Appeals for the Fifth Circuit · 1980
  3. Salazar v. StateSupreme Court of Florida · 2008
  4. Stano v. StateSupreme Court of Florida · 1985
  5. Zabner v. Howard Johnson's Incorporated of FloridaDistrict Court of Appeal of Florida · 1969

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

3Cited by3 opinions

  1. Orton v. StateDistrict Court of Appeal of Florida · 2017
  2. DANIEL MEDINA v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  3. Daniel Lenz v. State of FloridaDistrict Court of Appeal of Florida · 2016

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