GILBERT

v.

UNITED STATES

Citator

Cited By

• Bradford v. State, 722 So. 2d 858 (Fla. 1st DCA 1998)
  …uestioning of witnesses within the trial judge’s discretion.”). See also Pierre v. State, 601 So. 2d 1309 (Fla. 4th DCA 1992)(approving the procedure followed in this case). In Watson v. State, 651 So. 2d 1159, 1163 (Fla.1994), cert.denied mem., 516 U.S. 852, 116 S.Ct. 151, 133 L.Ed.2d 96 (1995), the Florida Supreme Court found “no merit” to a claim that this same procedure for permitting jurors to submit questions to witnesses violated the defendant’s right to an impartial jury, stating “this practice…
• Coates v. State, 855 So. 2d 223 (Fla. 5th DCA 2003)
  …ise its sound discretion in determining whether to use it in a particular case. Our supreme court has approved jury questioning of witnesses, so long as the judge controls the procedure. See Watson v. State, 651 So. 2d 1159 (Fla.1994), cert. denied, 516 U.S. 852, 116 S.Ct. 151, 133 L.Ed.2d 96 (1995). While there have been some misgivings expressed, the district courts of appeal have likewise sanctioned controlled jury questioning. See Henderson v. State, 792 So. 2d 641 (Fla. 1st DCA 2001); Patterson v. Stat…
• Henderson v. State, 792 So. 2d 641 (Fla. 1st DCA 2001)
  …n propounding a question.... We conclude that the procedure should be one to be controlled by the discretion of the trial judge.” Ferrara v. State, 101 So. 2d 797, 801 (Fla.1958); see also Watson v. 0State, 651 So. 2d 1159 (Fla.1994), cert. denied, 516 U.S. 852, 116 S.Ct. 151, 133 L.Ed.2d 96 (1995). When this issue has arisen in Florida’s District Courts of Appeal, they have followed suit. See Patterson v. State, 725 So. 2d 386 (Fla. 1st DCA 1998); Bradford v. State, 722 So. 2d 858 (Fla. 1st DCA 1998); Pie…