RICHARD WESLEY BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Richard Wesley Brown appealed the denial of his motion for a new trial, claiming the trial judge's facial expressions, body language, and conduct prejudiced him and his attorney. The Florida District Court of Appeal affirmed the denial, holding that because Brown failed to preserve these claims through contemporaneous objection or mistrial motion, they cannot support reversal.
The court affirmed the denial of Brown's motion for a new trial because the alleged judicial misconduct was not preserved for appellate review through contemporaneous objection or mistrial motion, and the record does not support a conclusion of fundamental error. The court held that parties aggrieved by a trial judge's prejudicial facial expressions or body language must object during trial and request a curative instruction, mistrial, or raise the issue at a sidebar conference.
[1] A party aggrieved by a trial judge's perceived facial expressions or body language indicating disbelief in evidence must object and request a curative instruction or move…
[2] Without a record demonstrating that counsel brought perceived prejudicial conduct of the trial judge to the judge's attention during the trial, an appellate court lacks a…
Previewing 2 of 4 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“If this occurs, it is incumbent on the party who feels aggrieved to object and request a curative instruction and, if the conduct is felt to be sufficiently egregious, move for a mistrial.”
Establishes the standard for preserving claims of prejudicial judicial conduct through contemporaneous objection or mistrial motion
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBrown was tried before a judge who allegedly displayed facial expressions (rolling his eyes, covering his face) and body language that suggested disbe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Judicial Misconduct cases and more on FLexlaw
BLUE, Acting Chief Judge.
Richard Wesley Brown seeks reversal of the denial of his motion requesting a new trial. Brown asserts two grounds for his contention that the trial judge’s actions entitle him to a new trial. First, that the trial judge interjected himself into the testimony and demeaned Brown’s trial attorney, actions which prejudiced Brown. Second, that the trial judge exhibited facial expressions and body language indicating to the jurors his disbelief in Brown’s defense. Because these grounds were not preserved for appellate review and the record does not support a conclusion of fundamental error, we affirm.
Although we affirm, the unique problem presented by the allegation that the trial judge’s facial expressions and body language prejudiced Brown merits discussion. Brown’s trial attorney testified at the hearing on the motion for new trial that the trial judge rolled his eyes and put his hands over his face — actions the trial attorney interpreted as expressions of disbelief of the testimony or dissatisfaction with counsel’s abilities. At the same hearing, the trial judge generally denied any actions which might have indicated his feelings about the evidence.1 The trial record contains no objections or comments about this alleged behavior. Thus, the record fails to support a reversal of the trial judge’s denial of Brown’s motion for new trial.
We do not question that there are occasions when a trial judge inadvertently indicates, through his or her facial expressions or body language, a personal opinion on the evidence to those present in the courtroom. If this occurs, it is incumbent on the party who feels aggrieved to object and request a curative instruction and, if the conduct is felt to be sufficiently egregious, move for a mistrial. At the very least, the trial judge should be advised at a side bar conference of the perceived problem and asked to be more guarded in his or her behavior. Without support in the record that counsel, during the trial, has called to the trial judge’s attention actions which are perceived as prej-udieial, we are without authority to overrule a trial judge’s finding that the alleged prejudicial facial expressions or body language did not occur. We conclude the trial judge did -not abuse his discretion in denying Brown’s motion for a new trial based on unpreserved claims of error. Accordingly, we affirm.
WHATLEY and NORTHCUTT, JJ., concur. . We are not comforted by the trial judge’s defense that: 'Tve been a trial judge for 24 years, and I think I have pretty well learned to look like I’m asleep during most of the time, even though I’m listening.”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Couch v. Dunn Ave. Shell, Inc., 803 So. 2d 803 (Fla. 1st DCA 2001)…instruction about the reprimand, to which Couch’s counsel did not object. In order to preserve the trial court’s alleged error in censuring counsel, Couch was required to object and request a curative instruction or a mistrial. See Brown v. State, 706 So. 2d 74, 75 (Fla. 2d DCA 1998); see also Nissan Motor Corp. in U.S.A. v. Padilla, 545 So. 2d 274 (Fla. 3d DCA 1989); Foreman v. State, 47 So. 2d 308 (Fla.1950). The instant case is distinguishable from our recent opinion in Simmons v. State, 803 So. 2d 787…