PATRICIA E. BLAKE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Patricia Blake was convicted of second-degree murder and sentenced to life imprisonment. On appeal, she challenged the trial court's comments on witness credibility and the admission of her statement to police referencing a prior killing, but the appellate court found no reversible error and affirmed the conviction.
The court held that the trial judge's comment did not constitute reversible error as it did not invade the jury's province regarding weight of evidence, and the trial court properly admitted Blake's full statement to police because the statement was volunteered and demonstrated her state of mind at the time of her admission of the killing.
[1] A trial judge's statement that a witness is trying to answer to the best of their ability does not necessarily comment on the weight or credibility of the testimony.
[2] A trial court's comments on a witness's testimony will be reviewed to determine if they invade the province of the jury.
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Join FLexlaw to unlock all legal intelligence“We hold, however, that in the present instance there is no reasonable possibility that the statement of the trial judge deprived defendant of a fair trial.”
Establishes the standard for reviewing trial court comments on witness credibility and the court's conclusion that the judge's statement did not constitute reversible error.
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Join FLexlaw to unlock all legal intelligenceBlake was convicted by jury of second-degree murder and sentenced to life imprisonment. During trial, a witness was examined about inconsistent statem…
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PER CURIAM.
The appellant was found guilty of second degree murder by a jury.
She was adjudicated guilty and sentenced to life imprisonment.
This appeal followed.
The first point presented urges that the trial court erred in denying defendant’s motion for a mistrial after the following proceedings in the examination of a witness who was being examined about her previous inconsistent statements concerning the number of stab wounds the victim had suffered: “Q.
Did it appear to you that there was only one stab wound on the body of Eric Darcy? “A. At the time I did not know when I saw so much blood— “MR. MOSCA: That answers the question and anything else would be volunteered. “THE COURT: Overruled. “You may complete your answer. “THE WITNESS: I did not believe that so much blood— “MR. MOSCA: Objection and move to strike what she believes. “THE COURT: Overruled. “Continue your answer. “The witness is trying the best way she knows how. “MR. MOSCA: Can we approach the bench? “THE COURT: When the witness completes— “MR. MOSCA: Excuse me, Judge, but may I reserve the right to make an objection at a later time with regard to this colloquy? “THE COURT: Yes, you may. “MR. MOSCA: Thank you. “THE COURT: Please complete your answer if you would.”
Defendant contends that the statement by the trial judge, “The witness is trying the best way she knows how,” comments on the weight and credibility of the testimony given by the witness.
We cannot agree with this interpretation of the statement.
The trial judge overruled defense counsel’s objection and the witness was instructed to answer the question.
By so ruling, the trial judge held the witness capable of giving lay testimony as to the amount of blood she observed.
As the witness attempted to answer with the statements “it seemed like an amount [of blood] to me . . . ” and “I did not believe that so much blood . . . ,” she was further interrupted by defense counsel’s objection.
Finally, after defense counsel was overruled again, the judge gave the statement that the witness was trying to give an estimate of blood “ . . . the best way she knows how.”
It is true that the comment of the trial court in the instant case contains words remarkably similar to those found in Robinson v. State, Fla.App.1964, 161 So. 2d 578.
We think that the comments in Robinson went much further and it is clear that they could have been interpreted as going to the weight to be given the evidence of the individual witness.
We agree that comments by a trial judge must be carefully reviewed to see whether they have invaded the province of the jury.
See Gendzier v. Bielecki, Fla.1957, 97 So. 2d 604; Hamilton v. State, Fla.App.1959, 109 So. 2d 422.
We hold, however, that in the present instance there is no reasonable possibility that the statement of the trial judge deprived defendant of a fair trial.
The second point presented urges reversible error because the trial court admitted into evidence a statement made by a defendant to a police officer at the scene of the crime without requiring the deletion of a portion of the statement referring to a prior criminal entanglement.
The record shows that immediately upon the arrival of the investigating officer, he was told by the defendant, “I killed him for that bitch, I have been through this before and I killed my husband back in ’50 or ’51.”
Defense counsel argued against that portion of the statement concerning a prior criminal entanglement saying that such statement had no relevancy and was so remote as to serve no purpose and have no bearing on the case.
The court found the statement admissible under a test in Williams v. State, Fla.1959, 110 So. 2d 654.
We hold that the court properly allowed the evidence for the reason stated and upon the further basis that the defendant volunteered the statement to the police officer. In Dempsey v. State, Fla.App.1970, 238 So. 2d 446, this court had before it a similar statement and held in accordance with the trial judge’s ruling here that the statement was admissible unless the sole purpose of the evidence was to show the criminal propensity of the accused.
In the present instance, the defendant’s report of the crime to the law officer clearly showed her state of mind at the time of her admission of the act.
Having considered each of the points presented and finding no reversible error, the judgment and sentence are affirmed.
Affirmed.
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Morejon v. State, 394 So. 2d 1100 (Fla. 3d DCA 1981)…ndant’s bad character or criminal propensities but, rather, to show the defendant’s state of mind at the time he committed the crimes. Williams v. State, 110 So. 2d 654 (Fla.1959); Gordan v. State, 288 So. 2d 295 (Fla. 4th DCA 1974); Blake v. State, 336 So. 2d 454 (Fla.3d DCA 1976). (3) There was no error in admitting testimony concerning the defendant’s “religious” beliefs and in denying a mistrial predicated thereon. The testimony of a witness to the effect that the defendant had stated that men should sett…
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Lewis v. State, 411 So. 2d 880 (Fla. 3d DCA 1981)…n the court said, “He is answering; he is being as precise as he can.” We do not agree. In our view there is no reasonable possibility that the instant statement by the trial judge deprived defendant of a fair trial. See and compare: Blake v. State, 336 So. 2d 454 (Fla. 3d DCA 1976), cert. denied, 344 So. 2d 323 (Fla.1977) (trial judge’s comment that witness was trying to answer the best way she knew how was not impermissible comment on weight and credibility of witness’ testimony so as to deprive [*882] defe…
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Williams v. State, 444 So. 2d 597 (Fla. 4th DCA 1984)…M. Although we are of the view that the trial court should not have stated to a prosecution witness upon completion of her testimony, “Thank you, Miss Smith. Good luck to you,” we do not believe such remark mandated a mistrial. Cf. Blake v. State, 336 So. 2d 454 (Fla. 3d DCA 1976) and People v. Roby, 38 Mich.App. 387, 196 N.W. 2d 346 (1972). In our view any error could have been cured by an instruction to the jury, but no such instruction was requested. We also find no error in the other issues raised. Ac…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 110 So. 2d 654 (Fla. 1959)
- Gendzier v. Bielecki, 97 So. 2d 604 (Fla. 1957)
- Hamilton v. State, 109 So. 2d 422 (Fla. 3d DCA 1959)
- Carlton Robinson v. State, 161 So. 2d 578 (Fla. 3d DCA 1964)
- Dempsey v. State, 238 So. 2d 446 (Fla. 3d DCA 1970)