Normile v. State

District Court of Appeal of Florida

Normile v. State

511 So. 2d 429, 12 Fla. L. Weekly 1962, 1987 Fla. App. LEXIS 9786

CourtDistrict Court of Appeal of Florida

DecidedAugust 12, 1987

DocketNo. 4-86-0763

StatusPublished

This text of 511 So. 2d 429 (Normile 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.

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Normile v. State, 511 So. 2d 429, 12 Fla. L. Weekly 1962, 1987 Fla. App. LEXIS 9786 (Fla. Ct. App. 1987).

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PER CURIAM.

This is an unusual case, in that it involved a recess, unavoidably caused by the illness of the trial judge, of some two weeks after the evidence was closed, until the case resumed with arguments of counsel and instructions to the jury. We believe the concerns expressed by the supreme court in Livingston v. State, 458 So.2d 235 (Fla.1984) concerning the separation of jurors after deliberations have begun apply here as well, and that appellant’s motion for mistrial should have been granted. Accordingly, we reverse and remand for a new trial.

LETTS and DELL, JJ., concur. ANSTEAD, J., concurs in part and dissents in part with opinion.

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PER CURIAM.

This is an unusual case, in that it involved a recess, unavoidably caused by the illness of the trial judge, of some two weeks after the evidence was closed, until the case resumed with arguments of counsel and instructions to the jury. We believe the concerns expressed by the supreme court in Livingston v. State, 458 So.2d 235 (Fla.1984) concerning the separation of jurors after deliberations have begun apply here as well, and that appellant’s motion for mistrial should have been granted. Accordingly, we reverse and remand for a new trial.

LETTS and DELL, JJ., concur. ANSTEAD, J., concurs in part and dissents in part with opinion.

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511 So. 2d 429, 12 Fla. L. Weekly 1962, 1987 Fla. App. LEXIS 9786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/normile-v-state-fladistctapp-1987.

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