Cokely v. State
District Court of Appeal of Florida
1Opinion of the CourtConner, J.
The defendant appeals his judgment and sentence for felony battery. He argues that the trial court erred in denying the presentation of favorable testimony by a defense witness because the witness was present in the courtroom, in violation of court ordered sequestration of witnesses. We agree with the defendant that the trial court did not conduct the proper analysis before ruling that the witness could not testify. We hold the error was not harmless, and we reverse for a new trial.
Factual Background and Trial Court Proceedings
The defendant was charged with felony battery to which the…
2Cases cited8 opinions
- Steinhorst v. StateSupreme Court of Florida · 1982
- Wright v. StateSupreme Court of Florida · 1985
- Atkinson v. StateDistrict Court of Appeal of Florida · 1975
- Mitchell v. StateDistrict Court of Appeal of Florida · 2003
- Judd v. StateDistrict Court of Appeal of Florida · 2001
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