ROBERT F. OLIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Oliver appeals his consecutive life sentences for lewd and lascivious molestation and capital sexual battery of a child, challenging the trial court's placement of a screen in the courtroom to shield the child victim from viewing the defendant during testimony. The court reverses, holding that the screen placement violated the defendant's confrontation and due process rights and was not authorized by statute.
The court reversed, holding that the screen placement violated the defendant's right to a fair trial and confrontation rights. The court concluded that section 92.54 does not authorize the use of a screen in this manner and that the proper procedure would have been to have the victim testify outside the courtroom via closed-circuit television.
[1] Placing a screen between a defendant and a child victim during testimony is not authorized by statute and violates the defendant's right to a fair trial.
[2] The use of a screen in the courtroom to shield a child victim from the defendant's view may suggest to the jury that the court believes the victim and endorses their cred…
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Join FLexlaw to unlock all legal intelligence“the screen unduly compromised the presumption of innocence fundamental to the right to a fair trial. The presence of the screen in the courtroom, in an obvious and peculiar departure from common practice, could have suggested to the jury that the court believed [the victim] and endorsed her credibility, in violation of [the defendant's] right to a fair trial.”
Establishes that the screen's presence inherently prejudices the defendant by suggesting judicial endorsement of the victim's credibility
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Join FLexlaw to unlock all legal intelligenceThe State charged Oliver with lewd and lascivious molestation and capital sexual battery of a child under age twelve. The trial court granted the Stat…
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The defendant appeals his consecutive life sentences for lewd and lascivious molestation and capital sexual battery of a child under the age of twelve. Relying on our decision in McLaughlin v. State, 79 So.3d 226 (Fla. 4th DCA 2012), the defendant argues the trial court erred in allowing a screen to be placed between the victim and the defendant in the courtroom during the victim’s testimony. We agree and reverse.
The State charged the defendant with lewd and lascivious molestation and capital sexual battery of a child under the age of twelve. The State moved, pursuant to section 92.54, Florida Statutes (2010), to place a projector screen between the witness stand and the defendant in the courtroom to block the victim’s view of the defendant. The defendant would remain in the courtroom, but would view the victim’s testimony through a television monitor while the jury viewed the victim directly. The State supported its motion with testimony from the victim’s mother and a detective.
The defense objected on the basis that the State did not establish emotional or mental harm to the victim without the use of the screen, and that the use of the screen would violate the Confrontation Clause. The trial court found “at least a substantial probability that at least moderate physical and emotional trauma” would result if the victim testified in front of the defendant. The defense renewed the objection prior to the victim’s testimony. The trial court granted the State’s motion. The defendant was permitted to observe *246the victim’s testimony through use of a television monitor. The defendant was convicted, and he now appeals to this Court.
On appeal, the defendant argues that the conditions under which the victim testified violated his right of confrontation and otherwise deprived him of a fair trial. Our decision is controlled by our earlier opinion in McLaughlin. 1 There, we relied on State v. Parker, 276 Neb. 661, 757 N.W.2d 7 (2008), where the Supreme Court of Nebraska wrote:
[T]he screen unduly compromised the presumption of innocence fundamental to the right to a fair trial. The presence of the screen in the courtroom, in an obvious and peculiar departure from common practice, could have suggested to the jury that the court believed [the victim]' and endorsed her credibility, in violation of [the defendant’s] right to a fair trial.
[T]he inherently prejudicial practice in this case cannot pass close scrutiny, because the court had available another equally effective method of protecting [the victim] while procuring her testimony that would not have been inherently prejudicial to [the defendant’s] due process rights. Section 29-1926 specifically provides for various means of obtaining the victim’s testimony through pretrial videotaping or closed-circuit video from another room. It does not, actually, make any reference to using a screen in the courtroom.
Parker, 757 N.W.2d at 18.
We agreed with the Parker analysis and concluded “that section 92.54 does not authorize the use of a screen in the manner employed.” McLaughlin, 79 So.3d at 228-29. “The proper procedure would have been to have the witnesses testify outside the courtroom via closed circuit television. ...” Id. at 229.
The State attempts to distinguish McLaughlin and argues that any error was harmless because here, the defendant admitted to the commission of the acts unlike the defendant in McLaughlin. We disagree. Although innovative, this method of shielding the child victim is not authorized by statute and violates the defendant’s right to a fair trial.2 See Parker, 757 N.W.2d at 18-19.
Reversed and Remanded for a new trial.
TAYLOR and CONNER, JJ., concur.
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State v. Overholt, 140 So. 3d 995 (Fla. 2014)…PERRY, J. We initially accepted review of the decisions in Overholt v. State, 110 So. 3d 530 (Fla. 4th DCA 2013), and Oliver v. State, 125 So. 3d 244 (Fla. 4th DCA 2013), based on direct and express conflict. See art. V, § 3(b)(3), Fla. Const. In light of the State’s suggestion of mootness, we dismiss review of the decision in Overholt as moot. Additionally, upon further consideration, we conclud…
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Vance Jerome Farmer v. State, 128 So. 3d 248 (Fla. 4th DCA 2013)…defendant and the four-year-old child abuse victim during the child’s testimony at trial.1 See Coy v. Iowa, 487 U.S. 1012, 1021, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988); McLaughlin v. State, 79 So. 3d 226, 228-29 (Fla. 4th DCA 2012); Oliver v. State, 125 So. 3d 244 (Fla. 4th DCA 2013), rev. granted, 122 So. 3d 869 (Fla.2013); Overholt v. State, 110 So. 3d 530, 531 (Fla. 4th DCA 2013), rev. granted, 122 So. 3d 869 (Fla.2013). Petitioner acknowledges that no objection to the use of the screen was lodged at tria…
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Vance Jerome Farmer v. State, 180 So. 3d 1058 (Fla. 4th DCA 2015)…of Farmer. We have held that the use of a screen in this manner violates the defendant’s right to a fair trial and may constitute reversible error if preserved for appeal. See McLaughlin v. State, 79 So. 3d 226 (Fla. 4th DCA 2012); Oliver v. State, 125 So. 3d 244 (Fla. 4th DCA 2013), rev. dismissed, 140 So. 3d 995 (Fla.2014); Overholt v. State, 110 So. 3d 530 (Fla. 4th DCA 2013), [*1060] rev. dismissed, 140 So. 3d 995 (Fla.2014); see also Coy v. Iowa, 487 U.S. 1012, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988); Hu…
Authorities Cited
- Hopkins v. State, 632 So. 2d 1372 (Fla. 1994)
- McLAUGHLIN v. State, 79 So. 3d 226 (Fla. 4th DCA 2012)