Johnson v. State
53 So. 3d 1003
| Fla. | 2011Background
- Johnson was tried for burglary and fleeing a police officer; pre-deliberation judge instruction prohibited read-backs of testimony and warned reliance on recollection only.
- Johnson objected to the read-back ban; the objection was overruled.
- Jury convicted of fleeing and acquitted burglary; deliberations followed without read-back requests.
- Third District held the read-back ban erroneous but deemed the error harmless due to overwhelming evidence.
- Fourth District decisions Biscardi, Huhn, and Rigdon held the error per se reversible because it precluded read-backs; this created conflict that prompted review by the Florida Supreme Court.
- Court held that preemptive read-back ban is per se reversible error, quashed Third District, and approved Fourth District rulings; remanded for proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether preemptive read-back ban is per se reversible error | Johnson; error always harmful | State; harmless error review possible | Per se reversible error |
| Can harmless error analysis apply to read-back ban | Johnson preserved error; harmless analysis should apply | State; harmless analysis may be appropriate in some cases | Harmless error analysis cannot be conducted; per se reversible error |
| Whether the conflict with Biscardi/Huhn/Rigdon requires reversal | Conflict exists; requires new trial | No automatic reversal beyond issue at hand | Quash Third District; adopt Fourth District per se rule |
Key Cases Cited
- Biscardi v. State, 511 So.2d 575 (Fla. 4th DCA 1987) (per se reversible error for read-back prohibition)
- Huhn v. State, 511 So.2d 583 (Fla. 4th DCA 1987) (harmful error for preemptive read-back prohibition)
- Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993) (reversible error when jury read-back is precluded)
- DiGuilio, 491 So.2d 1129 (Fla. 1986) (harmless error standard; focus on effect on trier of fact)
- Avila v. State, 781 So.2d 413 (Fla. 4th DCA 2001) (illustrative of harmless vs. per se analysis)
- Ivory v. State, 351 So.2d 26 (Fla. 1977) (jury communications and participation requirement)
- Pena v. State, 901 So.2d 781 (Fla. 2005) (necessity of proper lesser-included instruction analysis for harmless review)