LARSHAVIA LOCKHART
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Larshavia Lockhart appealed her jury convictions for Trespass and Resisting Officer Without Violence. The appellate court affirmed the trial court's decisions regarding discovery disclosure and the trial judge's conduct during closing arguments.
The trial court did not abuse its discretion in denying the motion for mistrial because the State's failure to disclose was inadvertent and any prejudice was cured by recalling Smith for further cross-examination with the statement available to defense counsel. The trial judge did not depart from his role as neutral arbiter when sustaining the objection to the 'Golden Rule' comment.
[1] A trial court does not abuse its discretion by denying a mistrial when the State's failure to disclose a witness statement is inadvertent and any resulting prejudice can…
[2] A trial judge does not depart from the role of a neutral arbiter by sustaining an objection to an improper argument made during closing statements and instructing counsel…
Previewing 2 of 3 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“the trial court did not abuse its discretion in denying her motion for mistrial. It was correct in finding that the State's failure to disclose a three line written statement of the witness Smith was inadvertent, and that any prejudice would be cured by recalling Smith for further cross-examination with the statement after allowing counsel all the time she needed to examine it and discuss it with Appellant”
Establishes the court's reasoning for rejecting the mistrial motion based on inadvertent disclosure failure being curable through cross-examination opportunity.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Larshavia Lockhart was convicted by jury of Trespass and Resisting Officer Without Violence. The State inadvertently failed to disclose a th…
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Before POWELL, S. KEST, and MUNYON, J.J.
PER CURIAM.
FINAL ORDER AFFIRMING TRIAL COURT
Appellant Larshavia Lockhart appeals her conviction for Trespass and Resisting Officer Without Violence after jury trial. We have carefully reviewed the briefs, the trial transcript, the record and the applicable law. We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320, and affirm.
As to Appellant’s first argument, we conclude that the trial court did not abuse its discretion in denying her motion for mistrial. It was correct in finding that the State’s failure to 2 of 2 disclose a three line written statement of the witness Smith was inadvertent, and that any prejudice would be cured by recalling Smith for further cross-examination with the statement after allowing counsel all the time she needed to examine it and discuss it with Appellant, to which counsel stated she had no objections and cross-examined Smith using the statement.
As to Appellant’s second argument, we conclude that the trial judge did not depart from his role as a neutral arbiter. When the prosecutor objected to a “Golden Rule” comment Appellant’s counsel made in closing argument, he excused the jury and withheld ruling but cautioned counsel. Then, when counsel repeated the very same comment again, he simply stated “Objection sustained. Let’s make the correct argument to the jury, please,” and nothing more.
AFFIRMED.
DONE AND ORDERED at Orlando, Florida this 15th day of January, 2013.
/S/_________________________
ROM W. POWELL Senior Judge
/S/
/S/__________________________ SALLY D.M. KEST LISA T. MUNYON Circuit Judge Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing order was furnished to Kimberly M. DeVries, Assistant Public Defender, 435 N. Orange Avenue, Ste. 400, Orlando, Florida 32801; Dugald McMillan, Assistant State Attorney, 415 N. Orange Avenue, Ste. 200, Orlando, Florida 32802-1673, this 15th day of January, 2013.
/S/_________________________________
Judicial Assistant