JOSHUA D. BROWN

v.

STATE OF FLORIDA

Citator

Cited By

• S.I. v. State (Fla. 4th DCA 2022)
  …at such a procedure does not violate either appellant’s due process rights or his Confrontation Clause rights under the Sixth Amendment or as found in the Florida Constitution. E.A.C. v. State, 324 So. 3d 499 (Fla. 4th DCA 2021); Brown v. State, 335 So. 3d 123 (Fla. 4th DCA 2022). However, in Brown, our court did certify the following question to the Florida Supreme Court: WHETHER FUNDAMENTAL ERROR OCCURS WHEN A CRIMINAL DEFENDANT, PURSUANT TO IN RE COMPREHENSIVE COVID-19 EMERGENCY MEASURES FOR TH…
• Tarrau v. State (Fla. 3d DCA 2023)
  …of the COVID-19 pandemic have given rise to remote hearings with sufficient procedural safeguards in which counsel and client were not seated next to each other but, instead, were connected by a videoconferencing platform. See, e.g., Brown v. State, 335 So. 3d 123, 130 (Fla. 4th DCA 2022); Gonzalez, 343 So. 3d at 170-71. ---PAGE 5--- Put another way, the default seating arrangement for an evidentiary hearing should be the one Gonzalez describes as optimal, and the decision to deviate from this default pos…
• Seay v. State (Fla. 2d DCA 2024)
  …e voluntarily absented himself and returned "on his own volition when he was prepared to do so." Typically, "any error in denying a defendant her or his right to be present at a critical stage of any proceeding is fundamental error." Brown v. State, 335 So. 3d 123, 128 (Fla. 4th DCA 2022) (quoting Orta v. State, 919 So. 2d 602, 604 (Fla. 3d DCA 2006)). "However, the fundamental error standard imposes a high burden on the defendant to establish that 'fundamental fairness has been thwarted.' " Id. (quoting Ke…