State v. Guess

KOGAN, Justice.

We have for review Guess v. State, 579 So.2d 339 (Fla. 1st DCA 1991), which certified the following questions of great public importance:

Whether in light of the Supreme Court opinion in Arizona v. Fulminante,[1] the trial court’s failure to allow the defendant to testify outside the presence of the jury as to voluntariness may constitute harmless error?

Whether under the circumstances of this or similar cases the trial court’s failure to allow the defendant to testify outside the presence of the jury as to voluntariness may constitute harmless error?

Id. at 341. We have…