Legal Opinion · Dissent

Holmes v. State

District Court of Appeal of Florida

Decided February 14, 2012No. 1D10-4536Published

1DissentClark, J.

I respectfully dissent. The admission of the irrelevant evidence of Appellant’s involvement with drugs and the State’s emphasis on this evidence at trial denied Appellant a fair trial on the charges. While Appellant was not entitled to a perfect trial, he was entitled to a fair one. See Matthews v. State, 772 So.2d 600 (Fla. 5th DCA 2000).

A defendant is presumed innocent until proven guilty. In contrast to the legal systems of some nations, “[i]n this country, a person ... must be tried for his conduct, not his character — i.e., for ‘what he did, not for who he is.’ United States v. Myers,…

2Cases cited16 opinions

  1. Williams v. StateSupreme Court of Florida · 1959
  2. United States v. Larry Allen MyersCourt of Appeals for the Fifth Circuit · 1977
  3. Griffin v. StateSupreme Court of Florida · 1994
  4. McCray v. StateSupreme Court of Florida · 2011
  5. State v. SavinoSupreme Court of Florida · 1990

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