Kinchen v. State, No. 70780

CourtUnited States State Supreme Court of Florida
Writing for the CourtBARKETT; EHRLICH
Citation13 Fla. L. Weekly 553,531 So.2d 133
Parties13 Fla. L. Weekly 553 Randy Eugene KINCHEN, Petitioner, v. STATE of Florida, Respondent.
Docket NumberNo. 70780
Decision Date08 September 1988

Page 133

531 So.2d 133
13 Fla. L. Weekly 553
Randy Eugene KINCHEN, Petitioner,
v.
STATE of Florida, Respondent.
No. 70780.
Supreme Court of Florida.
Sept. 8, 1988.
Rehearing Denied Oct. 17, 1988.

Application for Review of the Decision of the District Court of Appeal--Certified Great Public Importance.

Richard L. Jorandby, Public Defender and Richard B. Greene, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for respondent.

BARKETT, Justice.

We have for review Kinchen v. State, 508 So.2d 51 (Fla. 4th DCA 1987), which certified the following question of great public importance:

Is it necessary, in evaluating an assertion of harmless error in a criminal appeal, that each appellate judge independently read the complete trial record?

Id. at 51. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

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 decision in Ciccarelli. We confine our review to the issue certified by the district court, and thus do not address any other issues raised by the parties.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.

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65 practice notes
  • Flanagan v. State, No. 87-871
    • United States
    • Court of Appeal of Florida (US)
    • July 19, 1991
    ...v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705, reh'g denied, 386 U.S. 987, 87 S.Ct. 1283, 18 L.Ed.2d 241 (1967), State v. Lee, 531 So.2d 133 (Fla.1988), and State v. DiGuilio, 491 So.2d 1129 (Fla.1986), by subjecting the facts of this case to the extended harmless error analysis ......
  • Goodwin v. State, No. 93
    • United States
    • United States State Supreme Court of Florida
    • December 16, 1999
    ...Moore v. State, 701 So.2d 545, 550 (Fla.1997), cert. denied, 523 U.S. 1083, 118 S.Ct. 1536, 140 L.Ed.2d 685 (1998); State v. Lee, 531 So.2d 133, 134 751 So.2d 542 Our decision in Lee is especially important for our analysis in this case. In Lee, this Court considered a certified question re......
  • Robertson v. State, No. 3D98-2383.
    • United States
    • Court of Appeal of Florida (US)
    • April 12, 2000
    ...556, 70 L.Ed.2d 418 (1981); see Williams at 662-63; Gonzalez v. State, 559 So.2d 748 (Fla. 3d DCA 1990); Castro at 114; State v. Lee, 531 So.2d 133 (Fla. 1988); Harris v. State, 427 So.2d 234 (Fla. 3d DCA The state's argument that the evidence was for impeachment purposes must fail where th......
  • Kuhns v. S Ecret Ary Dep't Of Corr., Case No. 2:08-cv-163-FtM-29SPC
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 21, 2011
    ...Indeed, both parties argued this issue solely on Florida procedural grounds and the Florida Supreme Court's opinion in State v. Lee, 531 So. 2d 133 (Fla. 1988). Id. Thus, Petitioner did not fairly present Ground Four to the State court. Baldwin v. Reese, 541 U.S. 27, 29 (2004)(recognizing t......
  • Request a trial to view additional results
42 cases
  • Flanagan v. State, No. 87-871
    • United States
    • Court of Appeal of Florida (US)
    • July 19, 1991
    ...v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705, reh'g denied, 386 U.S. 987, 87 S.Ct. 1283, 18 L.Ed.2d 241 (1967), State v. Lee, 531 So.2d 133 (Fla.1988), and State v. DiGuilio, 491 So.2d 1129 (Fla.1986), by subjecting the facts of this case to the extended harmless error analysis ......
  • Kuhns v. S Ecret Ary Dep't Of Corr., Case No. 2:08-cv-163-FtM-29SPC
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 21, 2011
    ...Indeed, both parties argued this issue solely on Florida procedural grounds and the Florida Supreme Court's opinion in State v. Lee, 531 So. 2d 133 (Fla. 1988). Id. Thus, Petitioner did not fairly present Ground Four to the State court. Baldwin v. Reese, 541 U.S. 27, 29 (2004)(recognizing t......
  • Reyes v. State, No. 3D98-2959.
    • United States
    • Court of Appeal of Florida (US)
    • March 28, 2001
    ...the admission of testimony that on a prior occasion Reyes shot at another member of the Second Street Fellows gang.10 See State v. Lee, 531 So.2d 133 (Fla.1988). The defendant's remaining points either have been mooted, present no error, or concern issues unlikely to recur at the new IV. Fo......
  • State v. Richardson, No. 92-2400
    • United States
    • Court of Appeal of Florida (US)
    • July 2, 1993
    ...1062, 1064 (Fla. 5th DCA1986); Sias v. State, 416 So.2d 1213, 1215 (Fla. 3d DCA), rev. denied, 424 So.2d 763 (Fla.1982). In State v. Lee, 531 So.2d 133 (Fla.1988), the defendant was charged with, inter alia, kidnapping, sexual battery, and robbery while armed with a handgun. At trial, the s......
  • Request a trial to view additional results

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