CLAYTON JAMES TYNDALL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1970-04-15
No. 69-425
McCAIN and REED, JJ., concur.
234 So. 2d 154 Florida District Court of Appeal, Fourth District (1970) Caution
Cited by 4 cases

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Holding

The court held that the trial judge's comments to the jury, made in the presence of the jury, were highly prejudicial and deprived the defendant of a fair trial.


Headnotes

[1] A trial court's gratuitous and unwarranted tirade against defense counsel, made in the presence of the jury, can deprive a defendant of a fair trial.

[2] In a close case, prejudicial comments by the trial court can tip the balance between a guilty verdict and acquittal, warranting a new trial.

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Facts & Procedural History

The defendant was charged with possession of marijuana after a pipe was found in his car. The state's case relied on circumstantial evidence. During t…

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Opinion of the Court
OWEN, Judge.

OWEN, Judge.

Appellant, an eighteen-year-old high school senior, was charged with the possession of marijuana, found guilty by a jury, and sentenced to two years in the state prison.

Upon a full review of the trial record we conclude that certain comments made by the court in the presence of the jury deprived the appellant of a fair trial, and that the interest of justice will best be served by remanding the cause for a new trial. See Carr v. State, Fla.App.1962, 136 So.2d 28.

Appellant had been driving his car when he was stopped by police officers for a traffic violation. Upon the officers looking into the car, they noted a pipe lying in the middle of the front seat. After examining the pipe, the officers concluded that it had been used for smoking marijuana. Appellant and his passenger, Stephen Waas, were each arrested and charged with a narcotics violation. The state’s case against appellant rested upon the circumstantial evidence of finding the pipe in the vehicle, coupled with evidence of a chemical test having disclosed that the pipe had been used at some time to smoke marijuana. One of the arresting officers, called as a state’s witness, during cross ex-*155animation was asked about certain statements he had made in the presence of appellant’s parents while at the police station following the arrest. Apparently this line of cross examination was intended to lay a proper predicate to impeach the witness through means of showing prior inconsistent statements although it seems clear that a proper predicate was not laid.

After the state rested, appellant took the stand and testified that the pipe belonged to Stephen Waas; that he, the defendant, did not know that it had been used to smoke marijuana; that he had never smoked the pipe himself nor was it smoked while it was in the car; and that he had never had the pipe in his possession other than to look at it momentarily when Stephen had shown it to him. As a part of the appellant’s case, both his father and mother were called as witnesses to testify as to conversations they had held with the arresting officers at the police station shortly after the appellant had been arrested. Ostensibly this testimony was being elicited for the purpose of impeachment of the police officer who had theretofore testified as a witness for the state. During the examination of appellant’s mother, Mrs. Tyndall, the prosecutor objected to the manner in which defense counsel had framed a question to the witness. The court approved the prosecutor’s suggestion to the effect that defense counsel ask the witness simply to relate what statements had been made to her by the police officer. When the defense counsel followed this course, the witness unfortunately narrated not only the statements made by the police officer, but also statements made by various other persons who were present on that occasion. The prosecutor, 'Mr. Quartel, interposed an objection, in response to which the trial court rebuked defense counsel in language which we quote in the margin.1

Assuming (without deciding) that the court ruled correctly on the prosecutor’s objection, the subsequent gratuitous comment by the court which can only be characterized as a tirade against the defense attorney, was a totally unwarranted rebuke and having been made in the presence of the jury, it was highly prejudicial to the defendant’s receiving a fair trial. See Mathews v. State, Fla. 1950, 44 So.2d 664; Bethel v. State, 1936, 123 Fla. 806, 167 So. 685. The trial court’s comment in the instant case is clearly distinguishable from the restrained and dignified language (used to rebuke counsel after repeated admonitions) which we approved in Baisden v. State, Fla.App. 1967, 203 So.2d 194. While the legal sufficiency of the evidence per se is not raised on this appeal, in a close case of this type the trial court’s comments could easily mean the difference between a ver-*156diet of guilty and one of acquittal, and where there is a doubt as to whether appellant has been prejudiced by a remark of the court, a new trial best serves the ends of justice. See Robinson v. State, Fla.App. 1964, 161 So.2d 578.

The judgment and sentence are severally reversed and this cause is remanded for a new trial.

Reversed and remanded.

McCAIN and REED, JJ., concur.


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Citator

Cited By

  • Wilkerson v. State, 510 So. 2d 1253 (Fla. 1st DCA 1987)
    …y, in Keane v. State, 357 So. 2d 457 (Fla. 4th DCA 1978), the 4th DCA found that numerous gratuitous comments and interjections by the trial judge during course of trial deprived the defendant in that case of a fair trial. See also Tyndall v. State, 234 So. 2d 154 (Fla. 4th DCA 1970) (commentary of trial court amounted to tirade against defense counsel and deprived defendant of fair trial where trial court judge stated, inter alia, that evidence which counsel attempted to elicit was “blatant, outrageous, unad…
  • Vasilyn N. London v. State, 127 So. 3d 688 (Fla. 4th DCA 2013)
    …e of fairness” that they create a prejudicial effect on the defendant. Wilkerson v. State, 510 So. 2d 1253, 1254 (Fla. 1st DCA 1987); see also Alley v. State, 619 So. 2d 1013, 1015 (Fla. 4th DCA 1993). Appellant primarily cites to Tyndall v. State, 234 So. 2d 154 (Fla. 4th DCA 1970), in support of his position that the trial court prejudiced the defendant when it interrupted defense counsel’s attempt to have the investigator read her police re [*690] port into the record. In Tyndall, this Court reversed beca…

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