TYLO MULLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tylo Mullins appeals his convictions for first-degree murder and related crimes. The court affirms his convictions but identifies error in the trial court's refusal to allow a defense witness to change out of jail clothing before testifying, finding the error harmless beyond a reasonable doubt.
The trial court erred in refusing to permit the defense witness to change from jail clothing into civilian clothing before testifying. However, the error was harmless beyond a reasonable doubt, and therefore the convictions are affirmed.
[1] A trial court errs when it compels a defense witness to testify in jail clothing.
[2] Compelling a criminal defendant to stand trial in prison clothing violates the presumption of innocence and the right to a fair trial.
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Join FLexlaw to unlock all legal intelligence“A criminal defendant cannot be compelled to stand trial in prison clothing, see Torres-Arboledo v. State, 524 So.2d 403, 409 (Fla.1988), because it could impair the defendant's presumption of innocence, which is a basic component of the fundamental right to a fair trial”
Establishes the constitutional protection against forced trial appearance in prison clothing for defendants
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Join FLexlaw to unlock all legal intelligenceMullins was convicted of first-degree murder, attempted second-degree murder with a firearm, attempted robbery with a firearm, and aggravated assault.…
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BLUE, Acting Chief Judge.
Tylo Mullins appeals his convictions for first-degree murder, attempted second-degree murder with a firearm, attempted robbery with a firearm, and aggravated assault. We find no reversible error and affirm. We write to point out that error occurred when the trial court forced a defense witness to testify in jail clothing, although in this case the error was harmless.
In refusing to allow the witness to change clothes, the trial court noted that the State had not provided civilian clothing for one of its jailed witnesses. No other reasons were given for the trial court’s decision. The trial court also questioned the Constitutional grounds for a criminal defendant’s right to appear for trial in civilian clothing. A criminal defendant cannot be compelled to stand trial in prison clothing, see Torres-Arboledo v. State, 524 So. 2d 403, 409 (Fla.1988), because it could impair the defendant’s presumption of innocence, which is a basic component of the fundamental right to a fair trial, see Estelle v. Williams, 425 U.S. 501, 503, 96 S.Ct. 1691, 48 L.Ed.2d 126 (1976). In addition, equal protection concerns are triggered because “compelling the accused to stand trial in jail garb operates usually against only those who cannot post bail prior to trial.” 425 U.S. at 505, 96 S.Ct. 1691.
Although witnesses are not clothed with the presumption of innocence, we conclude that it was error here not to permit the defense witness to change clothes. Cf. Tompkins v. State, 386 So. 2d 597, 599 (Fla. 5th DCA 1980) (rejecting defendant’s claim of error based on State witnesses testifying in prisoner clothing because “[i]f there was any prejudice, it was against the state, since the fact of the state’s witnesses’ inmate status would affect the credibility of their testimony against the defendant”). See generally Michelle Migdal Gee, Annotation, Propriety and Prejudicial Effect of Witness Testifying While in Prison Attire, 16 A.L.R.4th 1356 (1982). Although the trial court erred in denying the defense request to dress his witness in civilian clothing, we conclude from our review of the record that the error was harmless beyond a reasonable doubt. Accordingly, we affirm.
Affirmed.
CASANUEVA and SALCINES, JJ., Concur.
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Morris v. State, 134 So. 3d 1066 (Fla. 4th DCA 2013)…The burden is on the petitioner to show extraordinary circumstances and good cause for the failure to have raised the issue in the prior petition. Here, petitioner alleged that when he filed his prior petition, he was not aware of Mullins v. State, 766 So. 2d 1136 (Fla. 2d DCA 2000), regarding whether it is eiTor to allow witnesses to testify in prison clothing. The motion for rehearing refers to petitioner’s lack of education, and the limited abilities of prisoners to conduct legal research from within the p…
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Rodger Hayes v. State, 140 So. 3d 1106 (Fla. 1st DCA 2014)…established that “[a] criminal defendant cannot be compelled to stand trial in prison clothing, because it could impair the defendant’s presumption of innocence, which is a basic component of the fundamental right to a fair trial.” Mullins v. State, 766 So. 2d 1136, 1137 (Fla. 2d DCA 2000) (citations omitted). “In addition, equal protection concerns are triggered because ‘compelling the accused to stand trial in jail garb operates usually against only those who cannot post bail prior to trial.’ ” Id. (quoting…
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Johnson v. State, 125 So. 3d 1049 (Fla. 4th DCA 2013)…is well settled law that “[a] criminal defendant cannot be compelled to stand trial in prison clothing ... because it could impair the presumption of innocence, which is a basic component to the fundamental right to a fair trial.” Mullins v. State, 766 So. 2d 1136, 1137 (Fla. 2d DCA 2000) (citations omitted). Further, this issue triggers equal protection concerns because, generally speaking, only those who cannot post bail prior to trial are unable to procure their own clothes to wear during trial. Id. Here,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Estelle v. Williams, 425 U.S. 501 (U.S. 1976)
- Torres-Arboledo v. State, 524 So. 2d 403 (Fla. 1988)
- Doyall Tompkins v. State, 386 So. 2d 597 (Fla. 5th DCA 1980)