Kinchen v. State

Supreme Court of Florida

Decided September 8, 1988

Supreme Court of Florida · decided 1988-09-08

Relies on Ciccarelli v. State · 508 So. 2d 52 - Ciccarelli v. State · Chamberlain v. Chamberlain

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-08

How this case has been cited

Cited by 71 later decisions — most recently May 2019 · most notably 751 So. 2d 537 - Goodwin v. State (1999), 542 So. 2d 984 - Romani v. State (1989)

71 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BARKETT, Justice.

¶1We have for review Kinchen v. State, 508 So.2d 51 (Fla. 4th DCA 1987), which certified the following question of great public importance:

Is it necessary, in evaluating an assertion of harmless error in a criminal appeal, that each appellate judge independently read the complete trial record?

¶2Id. at 51. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3In the companion case of Ciccarelli v. State, 531 So.2d 129 (Fla.1988), we have answered the same question. See Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987) (posing same certified question). Accordingly we quash the decision below and remand for reconsideration in light of our decision in Ciccarelli. We confine our review to the issue certified by the district court, and thus do not address any other issues raised by the parties.

¶4It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.