Cade v. State

District Court of Appeal of Florida

Cade v. State

726 So. 2d 859, 1999 Fla. App. LEXIS 2186, 24 Fla. L. Weekly Fed. D 575

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 1999

DocketNo. 97-2749

StatusPublished

Cited by1 cases

This text of 726 So. 2d 859 (Cade v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cade v. State, 726 So. 2d 859, 1999 Fla. App. LEXIS 2186, 24 Fla. L. Weekly Fed. D 575 (Fla. Ct. App. 1999).

Pincite

Opinions

HARRIS, J.

Cade was convicted of kidnaping, sexual battery with threatened force, burglary of a conveyance, aggravated battery with a deadly weapon, and grand theft. The DNA evidence, unchallenged on appeal, strongly supports the jury decision. We affirm.

We are concerned, however, with the judge’s conduct in interposing himself into the trial to question the state’s expert witnesses. We suggest he read Judge Farmer’s excellent discussion of this problem in his specially concurring opinion in Moton v. State, 659 So.2d 1269, 1271 (Fla. 4th DCA' [860]*8601996). Only because we find his conduct harmless in this case do we affirm.

AFFIRM.

.GOSHORN, J., concurs, in result only, without opinion. DAUKSCH, J., concurs and concurs specially, with opinion.

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