KENNETH JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kenneth Johnson was convicted of lewd and lascivious battery while forced to wear jail clothes during trial despite his counsel's objection and availability of alternative attire. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that compelling a defendant to wear prison clothing violates the fundamental right to a fair trial and the presumption of innocence.
A criminal defendant cannot be compelled to stand trial in prison clothing because it impairs the presumption of innocence, a basic component of the fundamental right to a fair trial. The trial court erred in requiring Johnson to wear jail clothes during trial, and the error was not harmless because Johnson did not choose to wear the clothing and the jury would have been aware they were jail clothes.
[1] A criminal defendant cannot be compelled to stand trial in prison clothing as it impairs the presumption of innocence and the right to a fair trial.
[2] Compelling a defendant to stand trial in jail clothes implicates equal protection concerns, as only those unable to post bail are typically forced to do so.
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Join FLexlaw to unlock all legal intelligence“a criminal defendant cannot be compelled to stand trial in prison clothing ... because it could impair the presumption of innocence, which is a basic component to the fundamental right to a fair trial”
Establishes the controlling legal principle that defendants have a constitutional right not to wear jail clothes at trial
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Join FLexlaw to unlock all legal intelligenceJohnson was charged with two counts of lewd and lascivious battery of a person between ages 12 and 16. Before jury selection, the trial court noticed …
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Kenneth Johnson (“Johnson”) was charged with two counts of lewd and lascivious battery of a person between the ages of 12 and 16. Prior to jury selection, the trial court noticed that Johnson was in jail clothes and asked if he had clothes to change into. Johnson said no, explaining that his attorney never discussed the matter with him.
Later, defense counsel specifically objected to Johnson being in jail clothes, explaining that to prevent prejudice he should at a minimum be permitted to wear a different shirt. The court informed counsel that it already asked if Johnson had any clothes to change into and he responded that he did not. The court continued, explaining that it was not the court’s concern and counsel should have provided him a shirt if counsel was concerned about the prejudice it may cause. Defense counsel further indicated that a shirt could quickly be obtained for Johnson from downstairs.1 However, the court would not allow it.
It is well settled law that “[a] criminal defendant cannot be compelled to stand trial in prison clothing ... because it could impair the presumption of innocence, which is a basic component to the fundamental right to a fair trial.” Mullins v. State, 766 So.2d 1136, 1137 (Fla. 2d DCA 2000) (citations omitted). Further, this issue triggers equal protection concerns because, generally speaking, only those who cannot post bail prior to trial are unable to procure their own clothes to wear during trial. Id.
Here, the trial court erred in compelling Johnson to wear jail clothes during his trial. Notably, this is neither a situation where Johnson chose to do so nor a situation where the jury was unaware that the clothes were jail clothes. As such, we cannot find the error harmless. As a result, we reverse and remand to the trial court for a new trial in which Johnson is provided the opportunity to proceed in attire that does not deprive him of his right to a fair trial.
Reversed and remanded.
DAMOORGIAN, C.J., STEVENSON and CONNER, JJ., concur.