CHARLES MARTIN KALINOSKY AND JOSEPH LEE WOODALL, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1982-05-05
No. 80-1992
DELL and WALDEN, JJ., concur.
414 So. 2d 234 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Kalinosky and Woodall were convicted of trafficking in cannabis and appealed on multiple grounds, including challenges to the trial court's handling of marijuana evidence in the courtroom, voir dire examination limitations, and the constitutionality of the drug trafficking statute. The appellate court affirmed the convictions, finding no abuse of discretion or constitutional violations.


Holding

The trial court did not abuse its discretion in any of these respects. The marijuana bales were relevant evidence of weight, counsel's closing arguments were not shown to be impaired, and jury prejudice was not established where appellants were convicted of the lesser charge. The voir dire examination was sufficiently thorough, and the drug trafficking statute is constitutional under Florida law.


Headnotes

[1] A trial court does not abuse its discretion by denying a motion to remove contraband from the courtroom if the contraband is relevant to the charges and its presence did…

[2] The extent of voir dire examination of prospective jurors is within the sound discretion of the trial judge.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“We hold that the trial court did not abuse its discretion on this issue. In reaching this conclusion we caution that the trial court and counsel should be continually conscious of maintaining a proper atmosphere of judicial decorum in the courtroom.”

Establishes the standard for reviewing the trial court's discretionary decision to keep marijuana evidence in the courtroom and emphasizes the importance of courtroom decorum.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Appellants Kalinosky and Woodall were found with 46 bales of marijuana weighing 2,860 pounds and convicted of trafficking in cannabis in excess of 100…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
BERANEK, Judge.

BERANEK, Judge.

Appellants were found with 46 bales of marijuana and convicted of trafficking in cannabis in excess of 100 pounds but less than 2,000 pounds. They raise four points on appeal, three of which merit discussion.

Appellants argue that the trial court committed reversible error in denying defense counsel’s motion to remove the 46 bales of marijuana from the courtroom at the close of the evidence and prior to closing argument. In an innovative argument, they contend that the odor emanating from the bales was marked and offensive, causing counsel to be physically ill, and prejudicing the jury. The question of whether defense counsel was too sick to effectively argue to the jury was for the trial court to determine. A review of the record demonstrates that the closing arguments of both counsel were lengthy; the record does not establish an impairment of their ability to conduct closing argument.

We hold that the trial court did not abuse its discretion on this issue. In reaching this conclusion we caution that the trial court and counsel should be continually conscious of maintaining a proper atmosphere of judicial decorum in the courtroom. As for the issue of jury prejudice, appellants were charged with trafficking in 2,000 pounds or more of marijuana. Weight was an issue for the jury to determine and the bales were obviously relevant.

We note that appellants were convicted of trafficking in less than 2,000 pounds of marijuana, even though the 46 bales weighed 2,860 pounds. Clearly, had the jurors been prejudiced by the offensive odor of the marijuana, they would have convicted appellants of the higher charge.

Appellants next urge that the trial court abused its discretion in limiting the voir dire examination of two jurors. During jury selection, defense counsel informed the court that the Fort Lauderdale News was publishing a series of articles on the criminal justice system in Broward County. The October 8, 1980, edition headlined drug cases although the instant case was not mentioned. When questioned, one juror informed the court that he had read only the headlines, but the second juror admitted to reading the entire article. Defense counsel requested that these jurors be examined individually and out of the presence of the other jurors for the purpose of determining what impressions and ideas these jurors developed from reading the articles.

The trial court denied this request because both jurors stated they could be fair and impartial regardless of what they read.

The extent to which the parties may examine prospective jurors on voir dire is a matter within the sound discretion of the trial judge. Essix v. State, 347 So. 2d 664 (Fla. 3d DCA 1977). We have reviewed the transcript of the voir dire examination which encompassed over 400 pages and find no abuse of discretion. As stated above, the articles were of a general nature and did not involve pre-trial publicity directed specifically at appellants’ case. We further note that defense counsel did not challenge the jurors for cause nor did they exercise their remaining peremptory challenge to remove either juror. Appellants having demonstrated no prejudice, we will not interfere with the exercise of the trial court’s discretion.

As to the third point, appellants argue that the drug trafficking statute, Section 893.135, Florida Statutes (1979), is unconstitutional. The Florida Supreme Court has ruled on this issue and has held the statute to be constitutional. See State v. Benitez, 395 So. 2d 514 (Fla.1981).

We therefore affirm.

AFFIRMED.

DELL and WALDEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Williams v. State, 424 So. 2d 148 (Fla. 5th DCA 1982)
    …n examination of each juror orally shall be preserved. Fla.R.Crim.P. 3.300(b). . Loftin v. Wilson, 67 So. 2d 185 (Fla.1953); La Rosa v. State, 414 S.W. 2d 668 (Tex.Cr.App.1967). . Slaughter v. State, 301 So. 2d 762 (Fla.1974); Kalinosky v. State, 414 So. 2d 234 (Fla. 4th DCA 1982). . We do not mean to suggest we would have decided this case differently had the time limit of twenty minutes been announced by the court prior to voir dire. Twenty minutes is a very short time, and the questions defense counsel…
  • O'Connell v. State, 480 So. 2d 1284 (Fla. 1985)
    …ounsel’s examination of prospective jurors.” Williams v. State, 424 So. 2d 148, 149 (Fla. 5th DCA 1982) (citing Slaughter v. State, 301 So. 2d 762 (Fla.1974), cert. denied, 420 U.S. 1005, 95 S.Ct. 1448, 43 L.Ed.2d 763 (1975); and Kalinosky v. State, 414 So. 2d 234 (Fla. 4th DCA), review denied, 421 So. 2d 67 (1982)). Here, however, the trial court’s refusal to allow the defense an opportunity to examine the two “death-scrupled” jurors cannot be justified [*1287] as an exercise of “control of unreasonably repe…
  • Williams v. State, 674 So. 2d 155 (Fla. 4th DCA 1996)
    …ourt’s discretion in permitting voir dire examination will not be overruled on appeal absent a clear abuse of discretion. Vining v. State, 637 So. 2d 921, 926 (Fla.), cert. denied, — U.S. -, 115 S.Ct. 589, 130 L.Ed.2d 502 (1994); Kalinosky v. State, 414 So. 2d 234 (Fla. 4th DCA), rev. denied, 421 So. 2d 67 (Fla.1982). In any event, any harm created by the state’s questioning was cured by the court’s curative instruction coupled with the fact that the court subsequently correctly charged the jury. See Wyatt v.…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw