Robinson v. State

Florida Circuit Courts

Robinson v. State

34 Fla. Supp. 2d 34

Circuit Court for the Judicial Circuits of Florida·Decided February 27, 1989·No. Case No. 88-4465-AC-A·Published

Opinion

OPINION OF THE COURT

JOHN DEAN MOXLEY, JR., Circuit Judge.

This case involved the prosecution of a charge of resisting an officer without violence in violation of Section 843.02 Florida Statutes. Three witness for the government as well as Defendant testified at the trial. Thereafter the trial court enforced a ten minute limitation on closing arguments. In light of the quantity of evidence adduced during this trial, we hold that the enforcement of a ten minute time limitation on [35] closing argument for the Defendant violated due process of law. Stanley v State, 453 So.2d 530 (DCA 5 1985). We therefore reverse the judgment and sentence and remand this case for a new trial. JACKSON, EDWARD M.; and HARRIS, CHARLES M., concur.

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OPINION OF THE COURT

JOHN DEAN MOXLEY, JR., Circuit Judge.

This case involved the prosecution of a charge of resisting an officer without violence in violation of Section 843.02 Florida Statutes. Three witness for the government as well as Defendant testified at the trial. Thereafter the trial court enforced a ten minute limitation on closing arguments. In light of the quantity of evidence adduced during this trial, we hold that the enforcement of a ten minute time limitation on [35] closing argument for the Defendant violated due process of law. Stanley v State, 453 So.2d 530 (DCA 5 1985). We therefore reverse the judgment and sentence and remand this case for a new trial. JACKSON, EDWARD M.; and HARRIS, CHARLES M., concur.

Robinson v. State, 34 Fla. Supp. 2d 34 (Fla. Super. Ct. 1989).

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Opinion

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