NAKIA SIMMONS
v.
STATE OF FLORIDA

Fla. 4th DCA | 2024-01-03
No. 2022-1729
2024 FL 71 Florida District Court of Appeal, Fourth District (2024)

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Holding

Trial judges have broad discretion in deciding whether to read back testimony to the jury, and the trial court properly exercised that discretion.


Headnotes

[1] Trial judges exercise broad discretion in determining whether testimony should be read back to the jury, including decisions about practicality and scope of such read-bac…

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Key Quotes

“It is well established that trial judges have broad discretion in deciding whether to read back testimony.”

Francis v. State, establishing the foundational legal principle regarding trial court discretion over testimony read-backs

Facts & Procedural History

Nakia Simmons was convicted in circuit court in Broward County. The trial involved issues related to jury instructions regarding read-back of testimon…

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Opinion of the Court

PER CURIAM.

Affirmed. See Francis v. State, 808 So. 2d 110, 130 (Fla. 2001) (“It is well established that trial judges have broad discretion in deciding whether to read back testimony.”); Simmons v. State, 334 So. 2d 265, 266–67 (Fla. 3d DCA 1976) (noting that a read-back taking seven hours was impractical); Castellon-Lopez v. State, 230 So. 3d 518, 519–20 (Fla. 3d DCA 2017) (concluding the trial court properly (1) explained to the jury it could get a read-back and (2) instructed the jury to “specify which portions of the testimony it wishe[d] to review,” and explaining that “[r]ather than misleading the jury into believing that read-backs are prohibited, the trial court specifically informed the jury that a read-back is permitted, and asked the jury to specify what portions of the testimony it would like to hear”). MAY, DAMOORGIAN and FORST, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


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