ARTHUR BRADWELL, JR. A/K/A CHESTER WILLIAMS A/K/A ROCHESTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Arthur Bradwell was convicted of second-degree murder in the death of a woman he lived with. The Florida appellate court reversed the conviction because the trial court improperly denied a mistrial motion after the victim's five-year-old son testified that "Chester was fussing at her" in connection with his mother's death, a statement the court found inflammatory and prejudicial.
The court found error only in the denial of the mistrial motion. The trial court properly allowed the minor to testify and there was sufficient circumstantial evidence to support the murder conviction, but the child's prejudicial statement that Chester caused his mother's death required reversal and a new trial.
[1] Circumstantial evidence may be sufficient to support a second-degree murder conviction.
[2] A trial court may permit a five-year-old child to testify in a criminal proceeding.
Previewing 2 of 4 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“During the time he was before the jury and testifying, he blurted out "My mommy died, cause my — cause Chester was fussing at her."”
This statement by the young witness was the basis for the mistrial motion and the appellate court's reversal.
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Join FLexlaw to unlock all legal intelligenceBradwell lived with the victim and her young son. After a drinking bout, an altercation occurred between Bradwell and the victim. The victim was found…
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PER CURIAM.
The appellant appeals a second degree murder conviction following a jury trial. The appellant had been living with the victim and her young son when, §fter a drinking bout, an altercation occurred. The victim was found dead by the young son. The appellant disappeared the night of the altercation and was apprehended some months later. The trial court ruled that the victim’s son, who was five at the time of the incident, would be permitted to testify. During the time he was before the jury and testifying, he blurted out “My mommy died, cause my — cause Chester was fussing at her.” Immediately a proper motion for mistrial was made and denied. Thereafter the jury returned the verdict of guilty and the appellant was adjudicated such and sentenced to seventy-five years imprisonment.
The appellant has raised several points for reversal.
First, that the circumstantial evidence was insufficient to support a verdict of guilty and at most, the evidence would support a conviction of manslaughter, that the court erred in its ruling permitting the then six year old to testify and lastly, that the court erred in denying a mistrial because of the inflammatory and prejudicial statement of the child that the appellant killed his mother.
We find no merit in the error urged, as to the circumstantial evidence, Huff v. State, 437 So. 2d 1087 (Fla.1983); Washington v. State, 432 So. 2d 44 (Fla.1983), as to the failure to reduce the charge to manslaughter, LaChance v. State, 396 So. 2d 1234 (Fla. 2d DCA 1981); Smith v. State, 314 So. 2d 226 (Fla. 4th DCA 1975), and as to the alleged abuse of discretion in permitting the minor to testify, Rutledge v. State, 374 So. 2d 975 (Fla.1979); Williams v. State, 400 So. 2d 471 (Fla. 5th DCA 1981); Romero v. State, 341 So. 2d 263 (Fla. 3d DCA 1977).
We do find error in the failure to declare a mistrial because of the minor’s statement. State v. Vasquez, 419 So. 2d 1088 (Fla.1982); Evans v. State, 432 So. 2d 584 (Fla. 2d DCA 1983); Long v. State, 407 So. 2d 1018 (Fla. 2d DCA 1981).
We therefore reverse the conviction and sentence and return the matter to the trial court for a new trial.
Reversed and remanded with directions.
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Elliott v. State, 590 So. 2d 538 (Fla. 2d DCA 1991)…ructed the jury to disregard the comment. The trial court erred in denying the appellant’s motion for a mistrial. A cautionary instruction was insufficient to overcome the incurable effect of the witness’ prejudicial comment. See Bradwell v. State, 468 So. 2d 1113 (Fla. 3d DCA 1986); Long v. State, 407 So. 2d 1018 (Fla. 2d DCA 1981). Therefore, we reverse and remand to the trial court for a new trial. SCHOONOVER, C.J., and CAMPBELL, J., concur.…
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Santana v. State, 535 So. 2d 689 (Fla. 3d DCA 1988)…ation. See Heiney v. State, 447 So. 2d 210, 211 (Fla.), cert. denied, 469 U.S. 920, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984); Dellinger v. State, 495 So. 2d 197, 198 (Fla. 5th DCA 1986), cert. denied, 503 So. 2d 326 (Fla.1987); Bradwell [*690] v. State, 468 So. 2d 1113, 1114 (Fla. 3d DCA 1985); Evans v. State, 452 So. 2d 987, 988 (Fla. 3d DCA 1984); LaChance v. State, 396 So. 2d 1234, 1235 (Fla. 2d DCA 1981). Second, there was no discovery violation below, and, consequently no Richardson hearing was required to be…
Authorities Cited (11 total)
- State v. Vazquez, 419 So. 2d 1088 (Fla. 1982)
- Washington v. State, 432 So. 2d 44 (Fla. 1983)
- Huff v. State, 437 So. 2d 1087 (Fla. 1983)
- Rutledge v. State, 374 So. 2d 975 (Fla. 1979)
- Williams v. State, 400 So. 2d 471 (Fla. 5th DCA 1981)
- Jackson v. Adeline K. Moffett and John D. MacArthur, 314 So. 2d 226 (Fla. 4th DCA 1975)
- Gaspar Romero v. State, 341 So. 2d 263 (Fla. 3d DCA 1977)
- LaCHANCE v. State, 396 So. 2d 1234 (Fla. 2d DCA 1981)
- Evans v. State, 432 So. 2d 584 (Fla. 2d DCA 1983)
- Sermons v. State, 407 So. 2d 1018 (Fla. 2d DCA 1981)