GHISLAINE MESIDOR, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fernandez v. State, 814 So. 2d 459 (Fla. 4th DCA 2001)
  …ior to being brought into the courtroom for voir dire. Those pages are entirely inconclusive on the question of whether the prospective jurors ever were sworn, and, as we previously noted, that ground may be legally sufficient. See Mesidor v. State, 521 So. 2d 333 (Fla. 4th DCA 1988) (reversing the denial of a motion for postconviction relief based on the trial court’s failure to swear in an interpreter); Ex parte Hamlett, 815 So. 2d 499 (Ala.2000) (remanding for a finding as to whether the jury was sworn pri…
• Lott v. State, 826 So. 2d 457 (Fla. 1st DCA 2002)
  …z does not address the potential prejudice a defendant might suffer if his counsel fails to ensure that the preliminary oath is given. Nor is this point discussed in any of the cases cited as authority in the Fernandez opinion. See Mesidor v. State, 521 So. 2d 333 (Fla. 4th DCA 1988); Ex parte Hamlett, 815 So. 2d 499 (Ala.2000); Duren v. State, 813 So. 2d 928 (Ala.Crim.App.2000). Perhaps the motion in Fernandez did adequately state a claim of prejudice and that fact was simply not discussed in the opinion. In…
• Rodriguez v. State, 664 So. 2d 1077 (Fla. 3d DCA 1995)
  …if timely called to the attention of the trial court. See generally Davis v. State, 661 So. 2d 1193 (Fla.1995). Defendants’ reliance on Balderrama v. State, 433 So. 2d 1311 (Fla. 2d DCA 1983), and a case apparently following it, Mesidor v. State, 521 So. 2d 333 (Fla. 4th DCA 1988), is misplaced. In Balderrama, the unsworn translator was the codefendant brother of the defendant. The translator/brother had a conflict of interest with the defendant and there were allegations that he did not accurately transla…