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Barrow v. State, No. 4D07-3420 (Fla. App. 2/10/2010) (Fla. App., 2010)

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MARK BARROW, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-3420 District Court of Appeal of Florida, Fourth District. February 10, 2010. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Jorge Labarga, Judge, L.T. Case No. 05-15322CFA02R. Frederick R. Susaneck of Levine & Susaneck, P.A., West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee. GROSS, C.J. We reverse for a new trial because the trial judge abused his discretion by responding to the jury’s question about the availability of transcripts in the negative, without advising the jury about the potential for read backs of witnesses’ testimony, ignoring the request of both the state and defense...continue to full post

Full post as published by Florida Criminal Law Opinions on February 10, 2010 (boomark / email).