MICHAEL CLAYTON WOODRUFF, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Michael Woodruff appeals his conviction for lewd or lascivious molestation of a child under twelve. The appellate court affirmed the conviction, rejecting challenges to the trial court's evidentiary rulings, denial of a motion for new trial based on post-trial jury interviews, and declining to address ineffective assistance of counsel claims raised for the first time on appeal.
The court found no merit in the first three issues. The trial court did not abuse its discretion in excluding the proffered evidence because any probative value was substantially outweighed by the danger of unfair prejudice. The trial court properly denied the motion for new trial because the juror's post-trial statements involved matters that essentially inhere in the verdict itself and cannot be used to attack its validity. The court declined to address the ineffective assistance claim without prejudice, as such claims cannot be raised for the first time on direct appeal absent rare exceptions.
[1] A trial court's ruling on the admissibility of evidence will not be disturbed absent an abuse of discretion.
[2] Evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury.
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Join FLexlaw to unlock all legal intelligence“Any purported probative value was substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury.”
Standard applied by the court in upholding the trial court's exclusion of evidence regarding the victim's origins and prior fabrication claims.
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Join FLexlaw to unlock all legal intelligenceWoodruff was charged with sexual battery and three counts of lewd or lascivious molestation of a victim under twelve years of age, with the alleged cr…
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Michael Woodruff appeals from a conviction and sentence for one count of lewd or lascivious molestation of a victim under twelve years of age, in violation of section 800.04(5), Florida Statutes (2009).1 Wood-ruff raises four issues on appeal: 1) The trial court erred in excluding evidence that the victim was the product of a sexual battery; 2) The trial court erred in excluding evidence that the victim had previously fabricated that she was pregnant; 3) The trial court erred in denying Woodruffs motion for a new trial predicated upon a post-trial interview of a juror; and 4) Trial counsel rendered ineffective assistance of counsel.
We find no merit in the first three issues raised by Woodruff, each of which is reviewed under an abuse of discretion standard. Stephens v. State, 787 So.2d 747 (Fla. 2001) (holding that a trial court’s denial of a motion for new trial is reviewed under an abuse of discretion standard); Alston v. State, 723 So.2d 148, 156 (Fla. 1998) (holding that a trial court’s ruling on the admissibility of evidence will not be disturbed absent an abuse of discretion); State v. Prieto, 439 So.2d 288 (Fla. 3d DCA 1983) (applying abuse of discretion standard in reviewing trial court’s ruling on a motion for new trial).
As to the evidentiary issues, the trial court did not abuse its discretion in excluding the evidence Woodruff sought to introduce at trial. Any purported probative value was substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury. See § 90.403, Fla. Stat. (2015); McLean v. State, 934 So.2d 1248 (Fla. 2006).2
As to the motion for new trial, Woodruff asserts that one of the jurors, during a post-trial interview, indicated that he did not believe the State had proven the charge of lewd or lascivious molestation for which Woodruff was found guilty. The juror said he came to this realization during *1267the reading of the jury’s verdict in open court. The juror acknowledged, however, that he and the other jurors had reached a unanimous verdict of “guilty” during the jury’s deliberations. The juror further acknowledged that, after the verdict was read in open court, he was polled by the trial court and agreed that the verdict of guilty was his verdict. See Fla. R. Crim. P. 3.4403 and 3.450.4
The trial court properly denied the motion for new trial. Woodruff does not assert that the jury’s deliberations were improperly influenced by external sources or that jurors decided the verdict by lot5 or otherwise expressly agreed to disregard their obligations and oaths. As the Florida Supreme Court held in Marks v. State Road Dep’t, 69 So.2d 771, 774-75 (Fla. 1954):
[Ajffidavits of jurors may be received for the purpose of avoiding a verdict, to show any matter occurring during the trial or in the jury room, which does not essentially inhere in the verdict itself, as that a juror was improperly approached by a party, his agent, or attorney; that witnesses or others conversed as to the facts or merits of the cause, out of court and in the presence of jurors; that the verdict was determined by aggregation and average or by lot, or game of chance or other artifice or improper manner; but that such affidavit to avoid the verdict may not be received to show any matter which does essentially inhere in the verdict itself, as that the juror did not assent to the verdict; that he misunderstood the instructions of the Court; the statements of the witnesses or the pleadings in the case; that he was unduly influenced by the statements or otherwise of his fellow-jurors, or mistaken in his calculations or judgment, or other matter resting alone in the juror’s breast.
A review of the record in the instant case plainly establishes that this claim involves matters that essentially inhere in the verdict itself, and cannot serve as a basis for attacking its validity. Devoney v. State, 717 So.2d 501 (Fla. 1998); Mitchell v. State, 527 So.2d 179 (Fla. 1988). See also § 90.607(2)(b), Fla. Stat. (2015) (providing that “[ujpon inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment”).
*1268Finally, we decline to address the merits of Woodruffs claim of ineffective assistance of counsel, without prejudice to Woodruff seeking such relief by appropriate postconviction motion. As a general rule, and subject only to the rare exception,6 such a claim may not be raised for the first time on direct appeal. Bruno v. State, 807 So.2d 55, 63 (Fla. 2001).
Affirmed.
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State v. Woodruff, 346 So. 3d 1238 (Fla. 3d DCA 2022)…but otherwise denied the allegation. Following a jury trial, Woodruff was convicted of only Count 4, which related to touching the victim’s vagina during the bedroom incident. He challenged that conviction on direct appeal. Woodruff v. State, 208 So. 3d 1265 (Fla. 3d DCA 2017) (affirming conviction). Woodruff subsequently filed a rule 3.850 motion for postconviction relief, alleging, in pertinent part, that his trial counsel was ineffective for failing to object to the admission of collateral crimes…
Authorities Cited (11 total)
- Stephens v. State, 787 So. 2d 747 (Fla. 2001)
- McLEAN v. State, 934 So. 2d 1248 (Fla. 2006)
- Pressley Alston v. State, 723 So. 2d 148 (Fla. 1998)
- Bruno v. State, 807 So. 2d 55 (Fla. 2001)
- Gore v. State, 784 So. 2d 418 (Fla. 2001)
- Marks v. State Rd. Dep't, 69 So. 2d 771 (Fla. 1954)
- Devoney v. State, 717 So. 2d 501 (Fla. 1998)
- Mitchell v. State, 527 So. 2d 179 (Fla. 1988)
- State v. Prieto, 439 So. 2d 288 (Fla. 3d DCA 1983)
- Carlisle v. State, 137 So. 3d 479 (Fla. 4th DCA 2014)