Legal Opinion

Pearson v. State

District Court of Appeal of Florida

Decided June 1, 2011No. 4D09-1644PublishedCited by 1 opinion

1Opinion of the CourtLevine, J.

The issue presented is whether the trial court committed reversible error by an swering a question from the jury without first consulting the defense attorney and prosecuting attorney. We find that the trial court’s response to a juror’s question without first consulting with the attorneys was per se reversible error. For that reason, we reverse.

Appellant was charged with sale of cocaine within 1000 feet of a park and possession of cocaine. During trial, the jury viewed a video of appellant selling a cocaine rock to two individuals, who at the time were students at the police academy and…

2Cases cited6 opinions

  1. Brooks v. StateSupreme Court of Florida · 2000
  2. Ivory v. StateSupreme Court of Florida · 1977
  3. Nardone v. StateDistrict Court of Appeal of Florida · 2001
  4. Perriman v. StateSupreme Court of Florida · 1999
  5. Mills v. StateSupreme Court of Florida · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. COY DAMONE LOCKETT v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020

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