125 So. 3d 811
Fla. Dist. Ct. App.2013Background
- Appellant was charged with battery on a law enforcement officer and trespass after being warned to depart a Fort Lauderdale nightclub.
- Prior to trial, appellant moved in limine to exclude testimony and references to racial epithets; the court denied the motion.
- Prosecutor began opening statements with multiple references to racial slurs, which witnesses testified to hearing.
- Testimony and trial conduct repeatedly highlighted the slurs; defense argued the slurs were irrelevant and prejudicial.
- Appellant testified she did not use a racial slur and claimed she was allowed to stay as a friend of the bar, while the duty officer claimed she was trespassing after a trespass warning.
- Jury acquitted on battery on a law enforcement officer, but convicted appellant of trespass; she was sentenced to five days in jail.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission and prosecutorial reliance on racial slurs was reversible error. | Appellant | Appellant | Reversed; prejudicial error not harmless; remanded for new trial. |
Key Cases Cited
- Rich v. State, 18 So.3d 1227 (Fla. 4th DCA 2009) (racial slurs rarely relevant; potential prejudice outweighed probative value)
- Wimberly v. State, 41 So.3d 298 (Fla. 4th DCA 2010) (slur admissibility hinges on relevance to elements; may be harmless if not)
- Jones v. State, 748 So.2d 1012 (Fla. 1999) (caution against eliciting racial slurs; redaction may prevent prejudice)
- DiGuilio, 491 So.2d 1129 (Fla. 1986) (harmless error standard beyond a reasonable doubt)
- Rich, 18 So.3d 1280 (Fla. 4th DCA 2009) (context of race evidence and jury impact on others)