RANDY EUGENE KINCHEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Harmless Error Analysis cases and more on FLexlaw
BARKETT, Justice.
We have for review Kinchen v. State, 508 So. 2d 51 (Fla. 4th DCA 1987), which certified the following question of great public importance:
Is it necessary, in evaluating an assertion of harmless error in a criminal appeal, that each appellate judge independently read the complete trial record?
Id. at 51. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In the companion case of Ciccarelli v. State, 531 So. 2d 129 (Fla.1988), we have answered the same question. See Ciccarelli v. State, 508 So. 2d 52 (Fla. 4th DCA 1987) (posing same certified question). Accordingly we quash the decision below and remand for reconsideration in light of our decision in Ciccarelli. We confine our review to the issue certified by the district court, and thus do not address any other issues raised by the parties.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (73 total)
-
Goodwin v. State, 751 So. 2d 537 (Fla. 1999)…er types of errors, except those requiring per se reversal. See, e.g., State v. Davis, 720 So. 2d 220, 230 (Fla.1998); Moore v. State, 701 So. 2d 545, 550 (Fla.1997), cert. denied, 523 U.S. 1083, 118 S.Ct. 1536, 140 L.Ed.2d 685 (1998); State v. Lee, 531 So. 2d 133, 134 (Fla.1988). [*542] Our decision in Lee is especially important for our analysis in this case. In Lee, this Court considered a certified question regarding whether the DiGuilio standard of harmless error should apply to require reversal for “err…1 / 2
-
Floyd v. State, 913 So. 2d 564 (Fla. 2005)…mpermissible evidence, and determines that the evidence of guilt is sufficient or even overwhelming based on the permissible evidence.” Id. at 1136. The DiGuilio test applies to the erroneous admission of collateral crime evidence. See State v. Lee, 531 So. 2d 133, 136 (Fla.1988) (“The erroneous admission of collateral crime evidence is subject to harmless error analysis as set forth in DiGuilio.”); accord Goodwin v. State, 751 So. 2d 537, 547 (Fla.1999) (“It is clear that Lee requires the application of DiGu…
-
Castro v. State, 547 So. 2d 111 (Fla. 1989)…t Castro had tied him up and threatened to stab him several days prior to killing Scott. This evidence violated the dictates of Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). In State v. Lee, 531 So. 2d 133, 135 (Fla.1988), we considered Williams and said that [ejvidence of collateral crimes or acts committed by the defendant is inadmissible if its sole relevancy is to establish bad character or propensity of the accused. Williams v. State_ Evidence o…
Previewing 3 of 73 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ciccarelli v. State, 531 So. 2d 129 (Fla. 1988)
- Ciccarelli v. State, 508 So. 2d 52 (Fla. 4th DCA 1987)
- Chamberlain v. Chamberlain, 508 So. 2d 51 (Fla. 4th DCA 1987)