Cooper v. State
2010 Fla. App. LEXIS 18326
| Fla. Dist. Ct. App. | 2010Background
- Cooper appeals his convictions for two counts of lewd molestation and four counts of sexual battery on a person in familial custody.
- The acts spanned about four years; each count alleged a range of dates but only a single act.
- On appeal, Cooper challenged the admission of testimony about uncharged sexual conduct.
- This court previously held the admission erroneous but affirmed the convictions as harmless.
- The Florida Supreme Court remanded for reconsideration under the proper DiGuilio harmless-error standard.
- The court now again concludes the error was harmless and affirms the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of uncharged acts was harmless under DiGuilio | State argues the error was harmless | Cooper argues the error could have affected the verdict | Harmless error; convictions affirmed |
Key Cases Cited
- DiGuilio v. State, 491 So.2d 1129 (Fla. 1986) (harmless-error standard: reasonable possibility the error affected the verdict)
- Chapman v. California, 386 U.S. 18 (U.S. Supreme Court, 1967) (burden on state to prove beyond reasonable doubt no impact on verdict)
- Ventura v. State, 29 So.3d 1086 (Fla. 2010) (reminds proper DiGuilio analysis and rejection of overwhelming-evidence focus)
- Cooper v. State, 43 So.3d 42 (Fla. 2010) (remand for proper harmless-error review under DiGuilio)