151 So. 3d 498
Fla. Dist. Ct. App.2014Background
- Long was convicted of two counts of lewd and lascivious molestation and one count of sexual battery by a person in familial or custodial authority.
- Bikers Against Child Abuse insignia were visible to jurors before trial and some bikers sat near the jury during trial.
- Defense moved for mistrial; prosecutor claimed bikers supported the victim and were instructed not to wear insignia in court.
- Trial court questioned four jurors; one was excused; remaining jurors stated they could be impartial.
- The court denied a mistrial and later denied a new-trial motion; the appellate court found an unacceptable risk of prejudice.
- The majority reversed and remanded for a new trial; a dissent would have affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did private spectators with insignia create inherent prejudice? | Long | Long | Yes, inherent prejudice established; reversal and remand |
Key Cases Cited
- Carey v. Musladin, 549 U.S. 70 (2006) (private spectators' conduct can be inherently prejudicial; not automatically controlling)
- Holbrook v. Flynn, 475 U.S. 560 (1986) (insignia or decor influencing jurors assessed for prejudice)
- Estelle v. Williams, 425 U.S. 501 (1976) (due process safeguards against prejudicial courtroom atmosphere)
- Shootes v. State, 20 So.3d 434 (Fla. 1st DCA 2009) (case-by-case totality of circumstances for inherently prejudicial atmosphere)
- Buckner v. State, 714 So.2d 384 (Fla.1998) (recorded exposure to spectator conduct; whether prejudicial effects were reasonably possible)
- Woods v. Dugger, 923 F.2d 1454 (11th Cir.1991) (presence of law enforcement or supportive spectators can undermine fairness)
- Norris v. Risley, 918 F.2d 828 (9th Cir.1990) (buttons reflecting message can convey impermissible influence)
- Cox v. Louisiana, 379 U.S. 559 (1965) (mob-like courtroom atmosphere violates due process)