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549 So. 2d 1048

549 So.2d 1048

14 Fla.L.Weekly 2043

O'Brien v. State

District Court of Appeal of Florida

Decided August 31, 1989

District Court of Appeal of Florida · decided 1989-08-31

Cited by 1 later decisions — most recently March 2005

1 state decisions

Relies on Coy v. Iowa · 483 So. 2d 420 - State v. Johnson · 533 So. 2d 338 - Gibson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-08-31

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PER CURIAM.

¶1AFFIRMED. See, Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988) and Cook v. State, 548 So.2d 257 (Fla. 5th DCA 1989).

DAUKSCH and GOSHORN, JJ., concur.COWART, J., dissents with opinion.
COWART, Judge,

¶2dissenting.

¶3The trial court permitted the use at trial of a one-way screen to shield a child witness from a view of the defendant. This practice violated the defendant’s constitutional rights under the confrontational clause of the Sixth Amendment of the United States Constitution. Coy v. Iowa, — U.S.-, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988). See the case comment at 40 U.Fla. L.Rev. 1049 (Fla.1988). This was fundamental error requiring no objection at trial and subject to no implied waiver from failure to object. State v. Johnson, 483 So.2d 420 (Fla.1986). Furthermore, defense counsel objected to the screen. This case should be reversed and remanded for a new trial.

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