Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided May 22, 2009No. 2D08-2793PublishedCited by 21 opinions

1Opinion of the Court

WALLACE, Judge.

Jerry Wayne Brown, Jr., appeals his two judgments and life sentences for sexual batteries committed upon two persons under the age of twelve years, violations of section 794.011(2)(a), Florida Statutes. 1 The sole issue Mr. Brown asks us to determine is whether the trial court erred in instructing the jury in accordance with section 794.022(1) that the testimony of the victim need not be corroborated in a prosecution for sexual battery. Because we conclude that such an instruction is misleading and constitutes an improper comment on the evidence by the trial court, we reverse…

2Cases cited26 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Tibbs v. StateSupreme Court of Florida · 1981
  3. Stephens v. StateSupreme Court of Florida · 2001
  4. Ludy v. StateIndiana Supreme Court · 2003
  5. Fenelon v. StateSupreme Court of Florida · 1992

21 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Antoine v. StateDistrict Court of Appeal of Florida · 2014
  2. Bassallo v. StateDistrict Court of Appeal of Florida · 2010
  3. Cliff Berry, Inc. v. StateDistrict Court of Appeal of Florida · 2012
  4. Rafael Alexander Gutierrez v. State of FloridaSupreme Court of Florida · 2015
  5. Crain v. StateDistrict Court of Appeal of Florida · 2012

16 more not listed; retrieve them via the Exa API.

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