NATHANIEL BROWN
v.
THE STATE OF FLORIDA
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The trial court did not abuse its discretion in its rulings on voir dire, admission of evidence, limitation of cross-examination, and closing arguments.
[1] A trial court has discretion during voir dire to preclude attorneys from pre-trying their case or obtaining commitments on ultimate issues.
[2] Photographic evidence may be admitted under the silent witness theory upon a showing of the reliability of the production process.
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Join FLexlaw to unlock all legal intelligenceNathaniel Brown appealed a conviction from Miami-Dade County Circuit Court. The appeal challenged various trial court rulings including voir dire proc…
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Third District Court of Appeal State of Florida
Opinion filed May 14, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2013 Lower Tribunal No. F19-13643 ________________
Nathaniel Brown, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Carmen Cabarga, Judge.
Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.
Before EMAS, SCALES, and GOODEN, JJ.
PER CURIAM.
2 Affirmed. See Figueroa v. State, 952 So. 2d 1238, 1239 (Fla. 3d DCA 2007) (explaining trial court has discretion during voir dire to preclude attorneys from pre-trying their case or obtaining a commitment on the ultimate issues); R.V. v. State, 388 So. 3d 952, 955 (Fla. 3d DCA 2024) (describing admissions of photos under the silent witness theory “upon a showing of the reliability of the production process”); Kopp v. State, 314 So. 3d 451, 453 (Fla. 3d DCA 2020) (“We therefore find the trial court did not abuse its discretion in admitting Reyes's testimony to support the State’s other evidence on the issue of identity.”); Collier v. State, 701 So. 2d 1197, 1198 (Fla. 3d DCA 1997) (finding information not offered for truth of the matter where “the contents of the BOLO elicited by the state below merely contained a description of a particular car and contained no accusatory information whatsoever”); Bullock v. Mount Sinai Hosp. of Greater Miami, Inc., 501 So. 2d 738, 739 (Fla. 3d DCA 1987) (“We find no abuse of discretion in limiting the cross examination. What counsel sought to elicit was merely cumulative to other evidence already in the record.”); Concepcion v. State, 188 So. 3d 5, 9 (Fla. 3d DCA 2016) (“The defendant claims that the State’s closing argument, which was in response to the defense's closing argument, denigrated the defense. The record, however, demonstrates that the State’s arguments were responsive, and were directed to the evidence, and were
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. Florida, 399 U.S. 78 (U.S. 1970)
- Collier v. State, 701 So. 2d 1197 (Fla. 3d DCA 1997)
- Grau v. State, 188 So. 3d 5 (Fla. 5th DCA 2016)
- Bullock v. Mount Sinai Hosp. OF Greater Miami, Inc., 501 So. 2d 738 (Fla. 3d DCA 1987)
- Figueroa v. State, 952 So. 2d 1238 (Fla. 3d DCA 2007)