GEORGE JACOB HUNTER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Hunter appeals his conviction, arguing several trial errors. The appellate court affirmed the conviction but cautioned the trial judge about maintaining judicial neutrality during jury voir dire and courtroom proceedings, noting that informal procedures must not compromise the appearance of impartiality.
No reversible error was clearly demonstrated. While the trial judge's informal approach to voir dire was not per se reversible error, the court cautioned that trial judges must exercise extreme care to ensure informality does not jeopardize the court's absolute impartiality and neutrality.
[1] An appellate court will not consider issues that were not objected to in the trial court unless the error is of a fundamental nature.
[2] A trial judge's conduct and remarks are critical to the administration of a trial and must maintain the impartiality and neutrality of the court.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While it may be helpful for the trial judge to assume an informal posture in his questioning of the jurors as to their understanding of the law, extreme care must be exercised to insure that this informality does not result in creating an atmosphere where the absolute impartiality and neutrality of the court is jeopardized.”
Establishes the standard for judicial conduct during voir dire—informality is permissible but must not compromise judicial neutrality.
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Join FLexlaw to unlock all legal intelligenceHunter was convicted at trial. Several matters were assigned as error on appeal, though some were not objected to at trial. The trial judge employed i…
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PER CURIAM.
Upon a review of the record on appeal, the briefs and having heard oral argument, we are of the opinion that no reversible error has been clearly demonstrated. In particular, several of the matters assigned as error were not objected to below and were not error of a fundamental nature so as to create an exception to this requirement.
It should be observed, however, that this affirmance should not be construed as a judicial stamp of approval of the procedures utilized by the trial judge in the voir dire examination of prospective jurors and the remarks of the court to or concerning counsel. While it may be helpful for the trial judge to assume an informal posture in his questioning of the jurors as to their understanding of the law, extreme care must be exercised to insure that this informality does not result in creating an atmosphere where the absolute impartiality and neutrality of the court is jeopardized.
The single most dominant factor in the administration of a trial is the conduct of the judge; the manner in which he exercises control over such proceedings is reflected through his remarks and comments. Guiding a trial is a constant challenge to the ability and integrity of the trial judge; it is a task, the difficulty of which is too often taken for granted. In variably there may be instances where conduct of counsel is such as to try the patience of the court. The trial judge must be equal to the task; and should endeavor to avoid the type of comment or remark that might result in inhibiting counsel from giving full representation to his client or that might result in bringing counsel into disfavor before the jury at the expense of the client.
We recognize that, perhaps, our remarks are more easily said than done; and that with respect to the instant proceeding our analysis of the “cold-typed transcript” may not accurately reflect the tone and tenor of the conduct and remarks of either the court, the jurors, counsel or witnesses. Nonetheless, the record of the instant proceeding does suggest the necessity for us to re-examine and re-state several basic principles for the future guidance of the court in order to insure achieving the desirable goal — a fair and impartial trial.
Affirmed.
OWEN, C. J., and MAGER and DOW-NEY, JJ., concur.
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Hank Mathew v. State, 837 So. 2d 1167 (Fla. 4th DCA 2003)…ch the defendant received a fair trial. As was indicated in Hunter, supra, defense counsel’s conduct should not be visited upon the defendant to the extent that his fundamental right to a fair trial is abridged. Id. at 134 (quoting Hunter v. State, 314 So. 2d 174, 174-75 (Fla. 4th DCA 1975)); see also Simmons v. State, 803 So. 2d 787, 788 (Fla. 1st DCA 2001)(reversing conviction for aggravated assault where the prosecutor ridiculed the defense, stating that “according to the defense, no crime occurred here b…
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Doyle Harold Jones v. State, 385 So. 2d 132 (Fla. 4th DCA 1980)…1967); Paramore v. State, 229 So. 2d 855 (Fla.1969). However, the better practice is to require the retirement of the jury before rebuking counsel. Paramore, supra. We wholeheartedly agree with the statement made by this .Court in Hunter v. State, 314 So. 2d 174, 174-175 (Fla. 4th DCA 1975): Guiding a trial is a constant challenge to the ability and integrity of the trial judge; it is a task, the difficulty of which is too often taken for granted. Invariably there may be instances where conduct of counsel…
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Wilkerson v. State, 510 So. 2d 1253 (Fla. 1st DCA 1987)…have been prejudiced by the unremitting browbeating his attorney endured before the trial judge. The trial judge helps guide the trial and although he may be tempted to become impatient with counsel he must resist this impulse. See Hunter v. State, 314 So. 2d 174 (Fla. 4th DCA 1975). Consequently, the trial judge should avoid the type of comment which would result in prohibiting counsel from giving full representation to his client or which might bring counsel to disfavor before the jury at the expense of th…
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