Ventura v. State

I disagree with the majority’s decision to quash and remand the decision of the Third District Court of Appeal. On the Yisrael1 issue, the majority recognizes that the Third District reached the correct result. On that basis, I would discharge jurisdiction on the Yisrael issue. For the reasons I will explain, I would also discharge jurisdiction on the DiGuilio2 issue.

With respect to the DiGuilio issue, I disagree with the majority’s conclusion that “the district court improperly utilized an ‘overwhelming evidence test’ ” and therefore “expressed an incorrect harmless error analysis.” Majority…