Holmes v. State
District Court of Appeal of Florida
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
- Williams v. StateSupreme Court of Florida · 1959
- United States v. Larry Allen MyersCourt of Appeals for the Fifth Circuit · 1977
- Griffin v. StateSupreme Court of Florida · 1994
- McCray v. StateSupreme Court of Florida · 2011
- State v. SavinoSupreme Court of Florida · 1990
11 more not listed; retrieve them via the Exa API.