Legal Opinion

Cokely v. State

District Court of Appeal of Florida

Decided May 28, 2014No. 4D12-1846Published

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

  1. Steinhorst v. StateSupreme Court of Florida · 1982
  2. Wright v. StateSupreme Court of Florida · 1985
  3. Atkinson v. StateDistrict Court of Appeal of Florida · 1975
  4. Mitchell v. StateDistrict Court of Appeal of Florida · 2003
  5. Judd v. StateDistrict Court of Appeal of Florida · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API