Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

M.E.F., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

The appellant challenges his convictions for burglary and obstructing police officers. We find merit in the appellant's argument that his constitutional rights were violated when the trial court adjudicated the appellant guilty without first permitting defense counsel to present a closing argument.

In a bench trial or a jury trial, it is an absolute violation of the Sixth Amendment for the court to deny the defendant the right to make closing argument. Herring v. New York, 422 U.S. 853, 95 S.Ct. 2550, 45 L.Ed.2d 593 (1975). It is true that when defense counsel complained, the trial court said that a closing argument could be presented in writing. In our opinion, this did not cure the error nor did defense counsel's possible acquiescence in that procedure constitute a waiver of the violation of the appellant's constitutional right.

Accordingly, we reverse and remand for a new adjudicatory hearing before a different trial judge.

Reversed and remanded.

SCHOONOVER, C.J., and DANAHY and LEHAN, JJ., concur.

Use AI to get other relevant cases.

Comments

M.E.F. v. STATE
(Jan 22, 1992)