ROBERT W. FINETHY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Martinez v. State, 761 So. 2d 1074 (Fla. 2000)
  …the guilt or innocence of the accused is not admissible. See Glendening v. State, 536 So. 2d 212, 221 (Fla.1988) (citing Lambrix v. State, 494 So. 2d 1143, 1148 (Fla.1986)); Henry v. State, 700 So. 2d 797, 798 (Fla. 4th DCA 1997); Zecchino v. State, 691 So. 2d 1197, 1198 (Fla. 4th DCA 1997); Spradley v. State, 442 So. 2d 1039, 1043 (Fla. 2d DCA 1983); Gibbs v. State, 193 So. 2d 460, 463 (Fla. 2d DCA 1967). Section 90.703, Florida Statutes (1997), which provides that “[t]estimony in the form of an opinion or in…
• Cnty. OF Volusia v. Kemp, 764 So. 2d 770 (Fla. 5th DCA 2000)
  …w for the court, not for expert witnesses, to decide.”) (citation omitted). In addition, expert testimony should be precluded if its probative value is outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (1999); Zecchino v. State, 691 So. 2d 1197 (Fla. 4th DCA 1997); see also LaVillarena, Inc. v. Acosta, 597 So. 2d 336 (Fla. 3d DCA 1992). In Smith v. Martin, for example, the jury found that the appellant was grossly negligent when he ran over a co-worker in the employer’s truck. The court r…
• Henry v. State, 700 So. 2d 797 (Fla. 4th DCA 1997)
  …s testimony as calling for a legal conclusion regarding the guilt of the accused. “It is clear that error is occasioned where a witness, including a lay witness, is permitted to offer her opinion about the guilt of the defendant.” Zecchino v. State, 691 So. 2d 1197 (Fla. 4th DCA 1997). Henry’s due process right was violated when the court allowed Ms. Claud to invade the province of the jury and express her opinion regarding Henry’s guilt, not once, but twice. While the admission of such evidence may be harmles…