Legal Opinion · Dissent

Harris v. State

District Court of Appeal of Florida

Decided May 6, 2010No. 1D09-2148Published

1DissentWetherell, J.

I respectfully dissent.

I agree with the majority that Vaughns’ statement that Harris was going to jail because she had a warrant was inadmissible character evidence and that it was not a response invited by the question Vaughns was asked. However, I disagree that reversal is required because of the trial court’s failure to grant a mistrial based upon the statement. In my view, defense counsel invited the error raised on appeal by rejecting the trial court’s offers for a curative instruction. And, to the extent the harmless error standard applies in this case, I would conclude that the error…

2Cases cited13 opinions

  1. Breedlove v. StateSupreme Court of Florida · 1982
  2. Sullivan v. StateSupreme Court of Florida · 1974
  3. Cole v. StateSupreme Court of Florida · 1997
  4. Salazar v. StateSupreme Court of Florida · 2008
  5. Salvatore v. StateSupreme Court of Florida · 1978

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