Ciccarelli v. State, No. 4-86-1750

CourtCourt of Appeal of Florida (US)
Writing for the CourtANSTEAD; DOWNEY; STONE; STONE
Citation508 So.2d 52,12 Fla. L. Weekly 1429
Parties12 Fla. L. Weekly 1429 Joseph Anthony CICCARELLI, Appellant, v. STATE of Florida, Appellee.
Decision Date10 June 1987
Docket NumberNo. 4-86-1750

Page 52

508 So.2d 52
12 Fla. L. Weekly 1429
Joseph Anthony CICCARELLI, Appellant,
v.
STATE of Florida, Appellee.
No. 4-86-1750.
District Court of Appeal of Florida,
Fourth District.
June 10, 1987.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.

ANSTEAD, Judge.

We have reviewed the record and have concluded that the trial court did not err in refusing to grant a mistrial on the grounds that a statement made by appellant was admitted at trial in violation of appellant's rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Although we agree that there is a serious question as to the admissibility of the statement, we believe that under the test set out in State v. DiGuilio, 491 So.2d 1129 (Fla.1986), any error in admitting the statement was harmless. See also State v. Dellorfano, 128 N.H. 628, 517 A.2d 1163 (1986).

In determining that the error involved herein was harmless we have relied extensively upon the review of the evidence set out in the parties' briefs and our own internal review process by which the court's legal staff directly examines the trial court record to be certain that the court is presented with an accurate description of the evidence. Each judge on the panel has not independently read the record in its entirety. While we are confident that this review has been both complete and accurate, we are concerned as to whether our review is in accord with the holding in Holland v. State, 503 So.2d 1250 (Fla.1987), which appears to hold that it is the duty of each appellate judge to read the entire trial court record before determining whether trial error may be harmless.

Our primary concern is that we comply with the supreme court's directions in resolving a harmless error claim by the state. At the same time, however, we must acknowledge some concern for the sheer amount of judicial time that will be required if, indeed, each judge must read the entire record before harmless error may be found. While the record is not especially lengthy in the present case, we must note that a claim of harmless error is raised in the vast majority of criminal appeals and our ability to manage an already staggering caseload will certainly be affected by a requirement that each judge read the entire record. Notwithstanding...

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3 practice notes
  • Ciccarelli v. State, No. 70811
    • United States
    • Florida Supreme Court
    • September 8, 1988
    ...West Palm Beach, for respondent. BARKETT, Justice. This case is before us on the following question certified in Ciccarelli v. State, 508 So.2d 52, 53 (Fla. 4th DCA Is it necessary, in evaluating an assertion of harmless error in a criminal appeal, that each appellate judge independently re......
  • Kinchen v. State, No. 81-2133
    • United States
    • Court of Appeal of Florida (US)
    • June 10, 1987
    ...Lusk v. State, 446 So.2d 1038 (Fla.1984); and McCray v. State, 416 So.2d 804 (Fla.1982). As we recently did in Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987), we certify the following as a question of great public IS IT NECESSARY, IN EVALUATING AN ASSERTION OF HARMLESS ERROR IN A CRI......
  • Kinchen v. State, No. 70780
    • United States
    • United States State Supreme Court of Florida
    • September 8, 1988
    ...In the companion case of Ciccarelli v. State, 531 So.2d 129 (Fla.1988), we have answered the same question. See Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987) (posing same certified question). Accordingly we quash the decision below and remand for reconsideration in light of our deci......
3 cases
  • Ciccarelli v. State, No. 70811
    • United States
    • Florida Supreme Court
    • September 8, 1988
    ...West Palm Beach, for respondent. BARKETT, Justice. This case is before us on the following question certified in Ciccarelli v. State, 508 So.2d 52, 53 (Fla. 4th DCA Is it necessary, in evaluating an assertion of harmless error in a criminal appeal, that each appellate judge independently re......
  • Kinchen v. State, No. 81-2133
    • United States
    • Court of Appeal of Florida (US)
    • June 10, 1987
    ...Lusk v. State, 446 So.2d 1038 (Fla.1984); and McCray v. State, 416 So.2d 804 (Fla.1982). As we recently did in Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987), we certify the following as a question of great public IS IT NECESSARY, IN EVALUATING AN ASSERTION OF HARMLESS ERROR IN A CRI......
  • Kinchen v. State, No. 70780
    • United States
    • United States State Supreme Court of Florida
    • September 8, 1988
    ...In the companion case of Ciccarelli v. State, 531 So.2d 129 (Fla.1988), we have answered the same question. See Ciccarelli v. State, 508 So.2d 52 (Fla. 4th DCA 1987) (posing same certified question). Accordingly we quash the decision below and remand for reconsideration in light of our deci......

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