Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Jermaine JOHNSON, Appellant, v. STATE of Florida, Appellee.
We affirm. As in Bethea v. State, 911 So.2d 215 (Fla. 2d DCA 2005), we write only to comment on the improper conduct of the prosecutor in delivering his closing argument. Although the prosecutor's remarks do not constitute fundamental error, they evince a clear lack of respect for the court, deserving of admonition. On more than one occasion, the prosecutor attempted to argue facts not in evidence. Although cautioned by the trial judge, he continued his course of conduct prompting the judge to threaten him with contempt: “Leave it alone, I'm warning you. Do not mess with me. I may have to find you in contempt of court. Leave it alone. Can you do that?”
Unfortunately, we find it necessary to once again reiterate what every officer of the court should recognize: “Trial attorneys must avoid improper argument if the system is to work properly. If attorneys do not recognize improper argument, they should not be in a courtroom. If trial attorneys recognize improper argument and persist in its use, they should not be members of The Florida Bar.” Luce v. State, 642 So.2d 4 (Fla. 2d DCA 1994) (Blue, J., concurring specially). Finally, we suggest that this prosecutor view continuing legal education videotapes regarding the rules of proper argument. See Bell v. State, 723 So.2d 896, 897 (Fla. 2d DCA 1998) (Altenbernd, J., concurring). If he continues with the antics displayed in this case in future criminal trials, appropriate sanctions should be levied. Id. at 897.
Affirmed.
PER CURIAM.
ALTENBERND, CASANUEVA, and KELLY, JJ., Concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2D04-4843.
Decided: October 07, 2005
Court: District Court of Appeal of Florida,Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)