WILLIAM WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; CHARLES L. JACKSON, APPELLANT, V. STATE OF FLORIDA, APPELLEE
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William Walker and Charles Jackson were convicted of robbery and use of firearms in a felony. The Florida District Court of Appeal reversed their convictions, finding they were denied a fair trial due to the admission of hearsay evidence regarding a separate crime and improper prosecutorial conduct.
The court reversed the convictions and remanded for a new trial, finding that the defendants were denied a fair trial due to the cumulative effect of inadmissible hearsay evidence, questionable victim testimony, and prosecutorial conduct that, when combined, violated their constitutional rights to a fair trial.
[1] A conviction may be reversed and remanded for a new trial when the cumulative effect of trial errors, including the admission of inadmissible hearsay evidence and prosecu…
[2] Testimony concerning a separate crime is inadmissible under the Williams Rule unless it demonstrates a pattern, motive, or modus operandi, and the supposed victim of the…
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Join FLexlaw to unlock all legal intelligence“The evidence of a separate crime constituted rank hearsay. Officer Henry testified that he was interviewing a certain Richard Holden and Richard Holden told him that he had seen the defendant's car where another crime was being perpetrated that same night. Mr. Holden was not allowed to testify.”
Establishes the improper hearsay evidence admitted at trial regarding a separate offense
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Join FLexlaw to unlock all legal intelligenceAppellants Walker and Jackson were charged with robbery and firearm use in commission of a felony. A jury convicted both defendants. The prosecution p…
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Appellants, William Walker and Charles L. Jackson, were charged with the offense of robbery and the use of firearms in the commission of a felony. The case was tried to a jury who returned a verdict of guilty. Both appellants were represented by co-counsel and have appealed. They assign as *138error the same points and we have consolidated the appeals for the purposes of this opinion.
Appellants urge that there was insufficient evidence as a matter of law to sustain the convictions; that hearsay testimony was admitted regarding the commission of another offense that same night; that certain remarks made by the prosecutor were improper and that the entire trial constituted a miscarriage of justice and should be reversed.
We have studied the record in this case and have concluded that the defendants were denied a fair trial, and in the interest of justice the convictions should be reversed and the case remanded for a new trial.
The testimony of the complaining witness, an injured Vietnam war veteran, is argumentative, inconclusive, conflicting and appears in certain instances to be unbelievable. This in and of itself would not warrant a reversal because the jury is at liberty to believe what they choose and disbelieve what they choose.
The evidence of a separate crime constituted rank hearsay. Officer Henry testified that he was interviewing a certain Richard Holden and Richard Holden told him that he had seen the defendant’s car where another crime was being perpetrated that same night. Mr. Holden was not allowed to testify. Even if this testimony were not hearsay, it was not admissible pursuant to Williams v. State, Fla.1959, 110 So.2d 654. The testimony was not in detail. It did not show a pattern, motive or manner of operation and the supposed victim was not allowed to testify.
The case was a hard fought one from both sides. Accusations and cross-accusations became almost a feature of the trial. This alone would not in and of itself constitute reversible error. However, having read the entire record, viewed the evidence adduced from the victim and the behavior of the prosecutor and the defense counsel and coupled with the hearsay testimony admitted as “Williams Rule” testimony, we have concluded that the defendants did not receive a fair trial under our Constitution.
Reversed and remanded for a new trial.
McNULTY, J., concurs.
MANN, C. J., concurs specially.
(concurring specially).
I do not find the complaining witness’ testimony anywhere near incredible. The prosecutor’s gross misunderstanding of the rule excluding such rank hearsay as was offered here, is incredible.
MANN, Chief Judge
(concurring specially).
I do not find the complaining witness’ testimony anywhere near incredible. The prosecutor’s gross misunderstanding of the rule excluding such rank hearsay as was offered here, is incredible.
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State v. Damion J. Shearod, 992 So. 2d 900 (Fla. 2d DCA 2008)…s, we are compelled to note that without this testimony — and without other testimony that we discuss below— the State would likely fail to establish a prima facie case sufficient to withstand a motion for judgment of acquittal. Cf. Walker v. State, 273 So. 2d 137, 138 (Fla. 2d DCA 1973) (holding that the testimony of the complaining witness, although “argumentative, inconclusive, conflicting and appearing] in certain instances to be unbelievable[,]” does not, by itself, warrant reversal “because the jury is…
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State v. Lewis, 543 So. 2d 760 (Fla. 2d DCA 1989)…l and the prosecutor were at fault in their comments and denied the request of both for a curative instruction. Although the traded comments by counsel were inappropriate, we do not believe they merit granting Lewis a new trial. See Walker v. State, 273 So. 2d 137 (Fla. 2d DCA 1973) (Accusations between counsel alone do not constitute reversible error). Finally, the motion for new trial alleges error in the court’s having denied a defense motion for mistrial based on statements concerning the role of defense…
Authorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)