Derival v. State

Although Mardala Derival was charged with one count of manslaughter and one count of aggravated child abuse, she was convicted at a jury trial of the lesser included offense of child abuse. On appeal she asserts error in the failure to redact the words of an interrogating detective from her statement to the police, which was published to the jury. We hold that the trial court did not abuse its discretion because the probative value in the officer’s words was not “substantially outweighed by the danger of unfair prejudice” or “misleading the jury.” § 90.403, Fla. Stat. (2009).

Derival and her…