DOUGLAS HAISLIP, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DOUGLAS HAISLIP, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
400 So. 2d 473
Florida District Court of Appeal, Fifth District (1981)
Positive Treatment
Cited by 12 cases
Opinion of the Court
UPCHURCH, Judge.
REVERSED and REMANDED but, as in Gee v. State, 400 So. 2d 466 (Fla. 5th DCA 1981), we certify the following question to the Florida Supreme Court:
CAN AN APPELLATE COURT APPLY THE HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF A TRIAL COURT TO GIVE THE JURY INSTRUCTION REQUIRED BY RULE 3.390(A), FLORIDA RULES OF CRIMINAL PROCEDURE, IF THE APPELLANT’S GUILT IS CLEARLY ESTABLISHED AND THE APPELLATE COURT DETERMINES THE ERROR COULD NOT HAVE AFFECTED THE VERDICT?
DAUKSCH, C. J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 399 So. 2d 999 (Fla. 3d DCA 1981)…Procedure 3.390(a) if the appellant’s guilt is clearly established and the appellate court determines the error could not have affected the verdict?” See Meeks v. State, supra (opinion on motion for rehearing filed April 8, 1981); Haislip v. State, 400 So. 2d 473 (Fla. 5th DCA 1981); Gray v. State, 400 So. 2d 468 (Fla. 5th DCA 1981); Johnson v. State, 394 So. 2d 1121 (Fla. 5th DCA 1981), and Gee v. State, 400 So. 2d 466 (Fla. 5th DCA 1981). .Compare the Federal jury instructions: “Under the Federal system o…
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Studstill v. State, 397 So. 2d 753 (Fla. 1st DCA 1981)…nd for further proceedings. The Fifth District Court of Appeal has certified this very issue to the supreme court in Johnson v. State of Florida, 394 So. 2d 1121, Gray, Jr. v. State, (Fla.App.) 400 So. 2d 468; and Haislip, Jr. v. State, (Fla.App.) 400 So. 2d 473. We join the Fifth District and certify the following question to the Florida Supreme Court: [*755] and the appellate court determines the error could not have affected the verdict? [*754] Can an appellate court apply the harmless error doctrine, se…
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Heggs v. State, 397 So. 2d 369 (Fla. 5th DCA 1981)…tion to be of great public importance (Art. V, § 3(b)(4), Fla.Const.; Fla.R.App.P. 9.030(a)(2)(A)(v)) as also certified in Gee v. State, 400 So. 2d 466 (Fla. 5th DCA 1981); Johnson v. State, 394 So. 2d 1121 (Fla. 5th DCA 1981), and Haislip v. State, 400 So. 2d 473 (Fla. 5th DCA 1981): CAN AN APPELLATE COURT APPLY THE HARMLESS ERROR DOCTRINE, SECTION 924.33 and SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF A TRIAL COURT TO GIVE THE JURY INSTRUCTION REQUIRED BY RULE 3.390(a), FLORIDA RULES OF CRI…
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- GEE v. State, 400 So. 2d 466 (Fla. 5th DCA 1981)