Jones v. State
128 So. 3d 199
Fla. Dist. Ct. App.2013Background
- Jones was sentenced to two life terms for first-degree murder and armed robbery with discharge of a firearm.
- The State introduced four references to Jones's prior felony convictions during trial.
- Jones objected to each reference; he declined a curative instruction after the first reference.
- Mistrial motions based on the prior-conviction references were denied.
- During deliberations the jury asked about probation and offenses, prompting an improvised curative instruction.
- The court ultimately convicted Jones and imposed concurrent life sentences; his defense argued another man committed the murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were the multiple improper references prejudicial to require a mistrial? | Jones asserts prejudice from four references to prior convictions. | State contends curative instruction suffices to cure prejudice. | Reversed and remanded for a new trial. |
Key Cases Cited
- Salazar v. State, 991 So.2d 364 (Fla. 2008) (mistrial may be required for prejudicial error when improper evidence affects fairness)
- Power v. State, 605 So.2d 856 (Fla.1992) (drastic remedy of mistrial for prejudicial error following improper evidence)
- Everett v. State, 124 So.3d 938 (Fla. 1st DCA 2013) (unobjected improper references presumptively harmful and fundamental error)
- Gardner v. State, 54 So.3d 1024 (Fla. 1st DCA 2011) (improper suggestion of prior crimes)
- Ward v. State, 559 So.2d 450 (Fla. 1st DCA 1990) (reversal for new trial where witness stated defendant had been in prison)
- Cztibak v. State, 570 So.2d 925 (Fla. 1990) (curative instruction insufficient for collateral-crime admission)
- Brooks v. State, 868 So.2d 643 (Fla. 2d DCA 2004) (any curative instruction insufficient; mistrial may be required)
- Dawkins v. State, 605 So.2d 1329 (Fla. 2d DCA 1992) (felony-conviction question with insinuation of felon status warrants mistrial)
- Banos v. State, 521 So.2d 302 (Fla. 3d DCA 1988) (deliberations subjected to extraneous influence requires new trial)
- Henderson v. State, 789 So.2d 1016 (Fla. 2d DCA 2000) (curative instruction cannot overcome prejudice from improper evidence)