Heare v. State
205 So. 3d 823
| Fla. Dist. Ct. App. | 2016Background
- After a 2015 divorce awarded the marital home to his ex-wife (who no longer lived there), Heare remained in the house to retrieve belongings; final judgment required him to contact the ex-wife's attorney before returning.
- The ex-wife’s adult son, Pierre Cline, moved into the home, changed locks, and installed an alarm system; on June 23, 2015 police were called after an alleged unauthorized entry.
- Cline attempted to re-enter the house, ultimately forcing the front door open by shoulder and pushing Heare roughly 10–12 feet into the home; police accompanied Cline into the residence.
- As Cline approached, Heare swung and struck Cline’s forearm; Cline subdued and held Heare until officers secured the scene.
- Heare was tried and convicted of felony battery (and convicted of trespass, acquitted of criminal mischief); Heare appealed, arguing (1) the trial court refused a self-defense jury instruction and (2) the court improperly admitted police testimony amounting to opinions on guilt.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Heare) | Held |
|---|---|---|---|
| Trial court denied requested jury instruction on self-defense | No sufficient evidence that Cline was the aggressor; entry and subsequent strike supported battery conviction | Cline’s forcible entry and physical pushing made him the initial aggressor; any evidence entitles jury instruction on self-defense | Reversed: court abused discretion by refusing the instruction; any evidence supporting defense requires instruction |
| Sergeant Ku repeatedly described Heare as having “battered” Cline (opinion testimony) | Testimony was description of events, not improper opinion on guilt | Officer’s repeated labeling conveyed officer’s belief in defendant’s guilt and was unduly prejudicial | Reversed: admission of officer’s opinion testimony was error because witnesses may not opine on defendant’s guilt |
| Sergeant Ku opined hypothetically that he would have arrested Cline if Cline had lunged (implying Heare was at fault) | Testimony was hypothetical policing practice; not prejudicial | Statement improperly signaled the officer had ruled out self-defense and believed Heare guilty | Reversed: improper testimony that suggested officer’s conclusion on guilt; error not harmless |
Key Cases Cited
- Williams v. State, 34 So. 3d 768 (Fla. 2d DCA 2010) (standard of review and entitlement to requested instruction if any evidence supports it)
- Worley v. State, 848 So. 2d 491 (Fla. 5th DCA 2003) (defendant entitled to jury instruction when any evidence supports theory of defense)
- Smith v. State, 98 So. 3d 632 (Fla. 4th DCA 2012) (self-defense instruction required if victim was aggressor)
- Gregory v. State, 937 So. 2d 180 (Fla. 4th DCA 2006) (reversible error to refuse self-defense instruction where victim first struck defendant)
- Kilgore v. State, 271 So. 2d 148 (Fla. 2d DCA 1972) (quality or quantum of proof on self-defense is for jury, not trial court)
- Jackson v. State, 107 So. 3d 328 (Fla. 2012) (prohibition on state witnesses offering opinions on defendant’s guilt)
- Martinez v. State, 761 So. 2d 1074 (Fla. 2000) (limitations on witness opinions about guilt because of unfair prejudice)
- Glendening v. State, 536 So. 2d 212 (Fla. 1988) (officer opinions on guilt are generally inadmissible)
- Battle v. State, 19 So. 3d 1045 (Fla. 4th DCA 2009) (probative value of officers’ opinions on guilt is substantially outweighed by prejudice)
- Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008) (error to allow investigator to testify he had ruled out self-defense)
- State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986) (harmless-error standard; defendant must show reasonable possibility that error contributed to verdict)