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AUNDRA JOHNSON, Petitioner, v. STATE OF FLORIDA, Respondent. No. SC09-966

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AUNDRA JOHNSON, Petitioner, v.STATE OF FLORIDA, Respondent. No. SC09-966 Supreme Court of Florida DATED: October 7, 2010 PER CURIAM. Aundra Johnson seeks review of the decision of the Third District Court of Appeal in Johnson v. State, 10 So. 3d 680 (Fla. 3d DCA 2009), on the basis that it expressly and directly conflicts with decisions of the Fourth District Court of Appeal in Biscardi v. State, 511 So. 2d 575 (Fla. 4th DCA 1987); Huhn v. State, 511 So. 2d 583 (Fla. 4th DCA 1987); and Rigdon v. State, 621 So. 2d 475 (Fla. 4th DCA 1993).1 The issue before this Court is whether it is per se reversible error when a judge erroneously instructs a jury prior to deliberations that it cannot have any testimony read back. We hold that the error, if preserved, is per se reversible Page 2 because it is impossible to determine the effect of the erroneous instruction on the jury without engaging in speculation, and thus a reviewing court is unable to conduct a harmless error analysis...continue to full post

Full post as published by Florida Criminal Law Opinions on October 07, 2010 (boomark / email).