Legal Opinion · Dissent

Schlotterlein v. State

District Court of Appeal of Florida

Decided November 1, 1996No. 95-359Published

1DissentW. Sharp, Judge

I respectfully disagree with the majority per curiam affirmance, without opinion. This was a very close case, hinging on the credibility of witnesses. The prosecutor’s closing argument in which he bolstered the state’s two witnesses’ credibility and vouched for their veracity, was manifestly improper. I cannot agree that the state demonstrated beyond a reasonable doubt that the cumula*569tive effect of these errors did not contribute to the guilty verdict. See Willis v. State, 669 So.2d 1090 (Fla. 3d DCA 1996). Thus, I would reverse this ease for a new trial, although I agree, that had no such…

2Cases cited8 opinions

  1. Brown v. StateDistrict Court of Appeal of Florida · 1984
  2. Silva v. NightingaleDistrict Court of Appeal of Florida · 1993
  3. Clark v. StateDistrict Court of Appeal of Florida · 1994
  4. SH Inv. and Development Corp. v. KincaidDistrict Court of Appeal of Florida · 1986
  5. Seguin v. Hauser Motor Co.District Court of Appeal of Florida · 1977

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