Supreme Court of Florida
Alwin C. Tumblin, Appellant v. State of Florida, Appellee — Canady, J., Dissenting
February 25, 201035 Fla. L. Weekly Supp. 133
Summary
Justice Canady, dissenting, would affirm Tumblin’s convictions and sentences because the trial court acted within its discretion in denying a mistrial. He reasoned that the isolated and apparently inadvertent credibility reference could be cured by striking the testimony and instructing the jury, particularly because substantial evidence apart from the witness’s testimony supported the convictions. Justice Polston concurred in the dissent.