Supreme Court of Florida

Alwin C. Tumblin, Appellant v. State of Florida, Appellee

February 25, 201035 Fla. L. Weekly Supp. 133

Summary

The Supreme Court of Florida reversed Alwin C. Tumblin’s first‑degree murder and robbery convictions and vacated his death sentence, remanding for a new trial because the trial court erred by refusing to grant a mistrial after a police officer testified that he believed a key State witness would tell the truth, a comment that improperly bolstered the witness’s credibility and prejudiced the jury. The Court affirmed that the admission of the witness’s prior consistent statement was proper and found the evidence otherwise sufficient. Justice Canady dissented, arguing that the error was not sufficiently prejudicial to require reversal.