Evans v. State, 62 So. 3d 1203

Evans was charged with attempted second-degree murder for stabbing Rawls during a fight involving Evans and his brother Steve.
Trial evidence consisted of competing eyewitness accounts: Rawls and wife testified Evans stabbed Rawls; Evans claimed self-defense and that Rawls attacked him.
Evans testified that Rawls initiated the confrontation and he used scissors in self-defense.
During closing, the prosecutor implied Evans tampered with a witness and suborned perjury by Chante Evans, Evans' sister; no evidence of improper contact was in record.
The trial court’s ruling found fundamental error due to the improper closing, and the court reversed and remanded for a new trial; Evans would get the amended standard instruction 3.6(g) on deadly force.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prosecutor’s closing comments constituted fundamental error	Evans argues comments implied witness tampering	State contends comments were permissible credibility arguments	Fundamental error; reversed and remanded for new trial
Whether instructional error regarding deadly force requires reversal	Evans relies on Novak to obtain amended instruction	State argues no error under prior standard	Remand for new trial with amended instruction 3.6(g)

Henry v. State, 651 So. 2d 1267 (Fla. 4th DCA 1995) (improper to imply witness tampering without record support)
Kilgore v. State, 688 So. 2d 895 (Fla. 1996) (fundamental error requires verdict could not stand without the error)
Cooper v. State, 712 So. 2d 1216 (Fla. 3d DCA 1998) (prosecutor cannot assert perjury without predicate facts)
Chavers v. State, 964 So. 2d 790 (Fla. 4th DCA 2007) (similar improper implication of fabrications by defense witnesses)
Jones v. State, 449 So. 2d 313 (Fla. 5th DCA 1984) (reversal when trial error tainted fairness)
Novak v. State, 974 So. 2d 520 (Fla. 4th DCA 2008) (addressed in context of jury instruction on deadly force)