Annotations, Discussions, Cases:
Cases Citing Statute 90.106
Total Results: 37
495 So. 2d 145, 11 Fla. L. Weekly 451
Supreme Court of Florida | Filed: Aug 28, 1986 | Docket: 1750910
Cited 28 times | Published
...He is entitled to have this considered in determining whether death should be his punishment. This factor should be weighed against the valid aggravating circumstances by the trial judge. I personally do not believe that death is appropriate in this case. NOTES [1] Section 90.106, Florida Statutes (1983) provides: A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused....
527 So. 2d 182, 1988 WL 50189
Supreme Court of Florida | Filed: May 19, 1988 | Docket: 529426
Cited 21 times | Published
...e had returned to a Christian life-style. When defense counsel objected to this testimony based on relevancy, the trial court stated that it "may have something to do with his credibility," but did not permit any additional testimony on the subject. Section 90.106, Florida Statutes (1985), provides that a judge may not comment to *187 the jury on the weight of the evidence or the credibility of the witnesses....
494 So. 2d 1139, 11 Fla. L. Weekly 499
Supreme Court of Florida | Filed: Sep 25, 1986 | Docket: 452446
Cited 19 times | Published
...ated to the question of whether or not consent was ever finally given. This instruction was omitted from the Standard Jury Instructions promulgated by this Court at 327 So.2d 6 (Fla. 1976) and is not included in the present instructions. Also, *1142 section 90.106 of the Florida Evidence Code, adopted by this Court, 372 So.2d 1369; 376 So.2d 1161 (Fla....
11 So. 3d 428, 2009 Fla. App. LEXIS 5871, 2009 WL 1424047
District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1656842
Cited 12 times | Published
...A breach of the prohibition *434 against judicial commentary on the evidence tends to destroy the impartiality of the trial to which a litigant or an accused is entitled. Hamilton v. State, 109 So.2d 422, 424-25 (Fla. 3d DCA 1959). Florida's prohibition of judicial comment on the evidence has been codified in section 90.106, Florida Statutes (2007). Vaughn v. Progressive Cas. Ins. Co., 907 So.2d 1248, 1254 (Fla. 5th DCA 2005). Section 90.106 provides: "A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." The Florida courts have determined that various jury instructions th...
...Marr I and Marr II: The Cases Relied on by Mr. Brown In Marr I and Marr II, the First District and the Supreme Court of Florida, respectively, considered a jury instruction analogous to the instruction under review here. Marr I and Marr II were decided after the adoption of section 90.106 and the 1983 amendment to section 794.022(1)....
...The instruction requested by defendant below, singling out the prosecutrix in a rape case for judicial comment on the *436 credibility of her testimony, is plainly erroneous and not the law of this state. Id. at 708-09. In reaching this conclusion, the en banc majority relied on section 90.106....
896 So. 2d 712, 2005 WL 425409
Supreme Court of Florida | Filed: Feb 24, 2005 | Docket: 1283058
Cited 10 times | Published
...State, 35 Fla. 171, 17 So. 555, 557 (1895). Walker argues that we should answer the certified question in the affirmative and hold that the instruction on possession of recently stolen property constitutes an impermissible comment on the evidence. See § 90.106, Fla....
...Any remarks that the judge makes are listened to closely by the jury and are given great weight. Because of the credibility that the comments are given and because they would likely overshadow that testimony of the witnesses themselves and of counsel, section 90.106 recognizes that a judge is prohibited from commenting on the weight of the evidence, or the credibility of the witness, and from summing up the evidence to the jury. If such comment and summing up were permitted, impartiality of the trial would be destroyed. Consistent with our judicial rule, section 90.106, Florida Statutes (2004), provides that "[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." This Court has consistently honored the policy announced in Lester in a variety of contexts....
678 So. 2d 910, 1996 WL 483027
District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 1470811
Cited 10 times | Published
...Do you understand that? "COUNSEL: Yes, Your Honor." [emphasis supplied] At that point, counsel tried to proceed with his point that the witnesses had lied but without using the term "liar". The jury returned a verdict of guilty on all counts. We reverse. Section 90.106, Florida Statutes (1995), provides that "[a] judge may not ......
580 So. 2d 186, 1991 WL 45209
District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 1364810
Cited 9 times | Published
...ligence issue, and (b) the trial court otherwise properly instructed the jury on the issue of intervening cause. See, e.g., Florida Power & Light Co. v. McCollum, 140 So.2d 569 (Fla. 1962); Smith v. Canevary, 553 So.2d 1312, 1316 (Fla. 3d DCA 1989); § 90.106, Fla....
931 So. 2d 946, 2006 WL 1235178
District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1522237
Cited 8 times | Published
...appeal. However, we hold that the trial court's reference to the accident reconstructionist as an "expert" was not harmful error under the facts presented here. A trial judge is precluded from commenting on the weight of the evidence presented. See § 90.106, Fla....
470 So. 2d 703
District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1241540
Cited 7 times | Published
...[11] None of the foregoing cases have a jury instruction issue and none held it was error to fail to give an instruction of the type requested here. [12] Further, the Florida Evidence Code, adopted since decisions relied on by defendant, codifies the law in Section 90.106 as follows: [13] A judge may not sum up the evidence or comment to the jury on the weight of the evidence, the credibility of the witnesses, or the guilt of the accused. *712 Cases are legion in annotation under Section 90.106, supra, that the judge must avoid any expression of opinion on the credibility of a witness....
...da Statutes, by Chapter 83-258, Section 1, Laws of Florida, deleting certain language permitting the court to instruct the jury "with respect to the weight and quality of the evidence ..."; (3) the adoption of the Florida Evidence Code, particularly section 90.106, forbidding any comment by the trial judge regarding the weight of the evidence or the credibility of the witnesses; and (4) the omission from the Florida Standard Jury Instructions by Standard Jury Instructions in Criminal Cases, 327 So.2d 6 (Fla....
...On the other hand, a statute may survive an attack against it as being violative of separation of powers as long as it does not take from the courts the final discretion to act. State v. Benitez, 395 So.2d 514, 519 (Fla. 1981). As to the majority's reliance upon section 90.106 barring comments by the trial court regarding the weight of the evidence and the credibility of witnesses as support for its position that a trial judge no longer has any discretion to give the requested instruction, I would simp...
460 So. 2d 489
District Court of Appeal of Florida | Filed: Dec 10, 1984 | Docket: 1767048
Cited 7 times | Published
...I was, in fact, myself confused by the questions being asked. THE COURT: I can't help it if you are confused. That doesn't mean I have to be confused with you. We don't run in the same track. I can't help that. Appellant argues that the trial judge violated Section 90.106, Florida Statutes, providing: "A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." In Ehrhardt, Florida Evidence § 106.1, p....
...Any remarks and comments that the judge makes are listened to closely by the jury and are given *492 great weight. Because of the credibility that the comments are given and because they would likely overshadow the testimony of the witnesses themselves and of counsel, Section 90.106 recognizes that a judge is prohibited from commenting on the weight of the evidence, or the credibility of the witness, and from summing up the evidence to the jury....
230 So. 3d 943
District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6226570
Cited 6 times | Published
of the witnesses, or the guilt of the accused.” § 90.106, Fla. Stat. (2016). When three prospective
883 So. 2d 902, 2004 WL 2237714
District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 1369807
Cited 5 times | Published
...For the trial court to accuse defense counsel of misrepresenting the evidence not only cast counsel in a poor light in front of the jury but, more importantly, supported the state's argument by implying to the jury that, in the court's view, Fondrose was a biased witness. Section 90.106, Florida Statutes (1999), states that a trial "judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." As we noted in Brown v....
907 So. 2d 1248, 2005 Fla. App. LEXIS 11811, 2005 WL 1787313
District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 459443
Cited 3 times | Published
...In order to ensure that all litigants receive a fair trial, the courts adhere to the general principle that "[a] trial court should scrupulously avoid commenting on the evidence in a case." Whitfield v. State, 452 So.2d 548, 549 (Fla.1984). This general principle has been codified in section 90.106, Florida Statutes (2003), which provides that "[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." The Law Revision Council's Not...
1 So. 3d 1122, 2009 Fla. App. LEXIS 339, 2009 WL 127784
District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653978
Cited 3 times | Published
...State, 209 So.2d 687, 688 (Fla. 2d DCA 1968). The State responds that both attorneys indicated they were satisfied with the trial court's response. Appellant focuses on appeal upon just a small portion of the judge's full and complete answer to the jury's question. Section 90.106, Florida Statutes (2005), states that a judge "may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." The court's comments did not mention any...
207 So. 3d 369, 2016 Fla. App. LEXIS 18784
District Court of Appeal of Florida | Filed: Dec 22, 2016 | Docket: 4560330
Cited 3 times | Published
witness’s status as an “expert,” the court violated section 90.106, Florida Statutes (2016), which prohibits it
648 So. 2d 214, 1994 WL 706328
District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 1701900
Cited 3 times | Published
...Any remarks and comments that the judge makes are listened to closely by the jury and are given great weight. Because of the credibility that the comments are given and because they would likely overshadow the testimony of the witnesses themselves and of counsel, Section 90.106 recognizes that a judge is prohibited from commenting on the weight of the evidence, or the credibility of the witness, and from summing up the evidence to the jury....
659 So. 2d 1269, 1995 WL 509280
District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1747958
Cited 3 times | Published
...is broad but must be exercised with care) and in the British system, in Florida state courts it is improper for a trial judge to comment on the weight of the evidence, i.e. to suggest that some evidence may be more important than other evidence. § 90.106, Fla....
177 So. 3d 226, 40 Fla. L. Weekly Supp. 359, 2015 Fla. LEXIS 1383, 2015 WL 3887354
Supreme Court of Florida | Filed: Jun 25, 2015 | Docket: 2668463
Cited 2 times | Published
...[and] should
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take great care not to intimate to the jury the court’s opinion as to the weight,
character, or credibility of any evidence adduced.” Id. at 549 (citations omitted).
This important prohibition has in fact been codified in section 90.106, Florida
Statutes (2014), which states that “[a] judge may not sum up the evidence or
comment to the jury upon the weight of the evidence, the credibility of the
witnesses, or the guilt of the accused.” We disagree with the hold...
838 So. 2d 1192, 2003 WL 201335
District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 1513743
Cited 2 times | Published
...By its comment for defense counsel to stay within the nature of the conversation between the two, the trial court strayed into a factual issue for the jury's determinationnamely, whether there was an unrecorded conversation that preceded Thomas's alleged confession. Section 90.106, Florida Statutes (2001), prohibits a trial judge from summing up the evidence or commenting to the jury on the weight of the evidence, a witness's credibility, or a defendant's guilt....
958 So. 2d 377, 2007 WL 403577
District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 235330
Cited 1 times | Published
...ht of the evidence, the credibility of a witness, or the guilt of an accused, it thereby destroys the impartiality of the trial to which the *389 litigant or accused is entitled." Hamilton v. State, 109 So.2d 422, 424-25 (Fla. 3d DCA 1959). See also § 90.106, Fla....
70 So. 3d 733, 2011 Fla. App. LEXIS 14944, 2011 WL 4374298
District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 138257
Published
...d no bias against the defendant. The State alternatively argues that any error was harmless. "A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." § 90.106, Fla....
District Court of Appeal of Florida | Filed: Oct 9, 2024 | Docket: 69238738
Published
upon the province of the jury . . . .”); see also § 90.106, Fla. Stat. (2023) (“A judge may not sum up the
District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455094
Published
v. State, 143 So. 2d 484, 488 (Fla. 1962); see § 90.106, Fla. Stat. (2015) (“A judge may not sum up the
264 So. 3d 225
District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64704560
Published
State , 143 So.2d 484, 488 (Fla. 1962) ; see § 90.106, Fla. Stat. (2015) ("A judge may not sum up the
264 So. 3d 225
District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64704559
Published
State , 143 So.2d 484, 488 (Fla. 1962) ; see § 90.106, Fla. Stat. (2015) ("A judge may not sum up the
52 So. 3d 31, 2010 Fla. App. LEXIS 19098, 2010 WL 5093140
District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 2407295
Published
...If you anticipate any problem following this instruction, please raise your hand. No member of the jury responded either verbally or by hand gesture. Mitsubishi argues the trial court's comments constituted a statement on the evidence and the ultimate issue to be decided, in violation of section 90.106, Florida Statutes (2008)....
District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409771
Published
to the jury upon the weight of the evidence,” § 90.106, Fla. Stat., and that “jury instructions that
