06/17/2026
🏛️ A criminal conviction can be reversed when courtroom misconduct goes beyond isolated comments.
In *Gomez v. State*, Florida’s Third DCA reversed an attempted second-degree murder conviction after finding that the prosecutor’s conduct during cross-examination and closing argument deprived the defendant of a fair trial.
What the appellate court focused on:
📌 The prosecutor called the defendant a “liar” during closing
📌 The defendant’s version of events was labeled a “cockamamie story”
📌 The prosecutor suggested facts not supported by evidence, including gang involvement
📌 The prosecutor made a Golden Rule argument by asking jurors to place themselves in the defendant’s position
📌 The trial judge did not meaningfully intervene or instruct the jury to disregard the improper comments
The Third DCA found that the combined effect of the prosecutor’s remarks and the trial court’s failure to address them rose to the level of fundamental error.
Result: attempted murder conviction reversed and a new trial ordered.
The takeaway: in Florida criminal trials, prosecutors cannot use closing argument or cross-examination to inject unsupported claims, personal attacks, or emotional appeals into the case.
🔗 Read more here:
https://www.pumphreylawfirm.com/blog/fls-3rd-dca-reverses-attempted-murder-conviction-based-on-improper-closing-argument-cross-examination/
