Legal Opinion · Dissent

Dollar v. State

District Court of Appeal of Florida

Decided December 6, 1996No. 95-2537Published

1Dissent

W. SHARP, Judge.,

dissenting.

I respectfully dissent. Although I agree that the admission of the newspaper article over the defendant’s objection was erroneous, that is not enough to merit reversal, unless it was shown to be harmful error (or of a fundamental or constitutional stature, which this one is not), and therefore prejudicial to the defendant’s case. State v. DiGuilio, 491 So.2d 1129 (Fla. 1986); Barbee v. State, 630 So.2d 655 (Fla. 5th DCA 1994); § 924.33, Fla.Stat. (1993).

Pursuant to section 924.33, and case law, the burden of showing harmful error is on the appellant. The statute…

2Cases cited6 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Torres-Arboledo v. StateSupreme Court of Florida · 1988
  3. Salvatore v. StateSupreme Court of Florida · 1978
  4. Brown v. StateDistrict Court of Appeal of Florida · 1983
  5. Harrell v. StateDistrict Court of Appeal of Florida · 1981

1 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