Public-domain · open source
OpenJurist

75 So. 3d 862

Hines v. State

District Court of Appeal of Florida

Decided December 20, 2011

District Court of Appeal of Florida · decided 2011-12-20

Decided 2011-12-20

PER CURIAM.

¶1AFFIRMED.

HAWKES and ROBERTS, JJ„ concur; WOLF, J., concurs with opinion.
WOLF, J.,

¶2Concurring.

¶3In the instant case, before releasing the jury for deliberations, the trial court stated:

Ladies and gentlemen, we’re going to go ahead in a moment and let y’all go back and start deliberating. You will get the exhibits, you will get a verdict form, and you will take your jury instructions with you.
Now, I think sometimes jurors have questions for me, but the first thing that you should do if you think you have a question is stop and reread those jury instructions, because I really am giving you everything that you need to know to make your decision.

¶4(Emphasis added). This preemptive instruction, especially the underlined language, is problematic. It may have a chilling effect on the exercise of the jury’s power to request clarification, further instructions, or a review of testimony. This language, however, does not rise to the level of fundamental error; therefore, I concur.

/75/so3d/862 · .json · Public domain