Florida/Georgia Personal Injury & Workers Compensation

...pported by the record. *889 Roberts' second point on appeal involves the trial court's failure to attend the jury's view of the tract of beach where the body was found. Roberts argues that the trial court's failure to attend the view, as mandated by section 918.05, Florida Statutes (1983), constituted a fundamental per se reversible error under this Court's decisions in McCollum v. State, 74 So.2d 74 (Fla. 1954) and Dodd v. State, 209 So.2d 666 (Fla. 1968). Section 918.05, Florida Statutes provides: View by jury....

...The jury shall be returned to the courtroom in accordance with the directions of the court. The judge and defendant, unless the defendant absents himself without permission of court, shall be present, and the prosecuting attorney and defense counsel may be present at the view. (Emphasis added). In McCollum we held that since section 918.05 contains "a clear and explicit legislative mandate" that the trial judge shall be present at a view by the jury, the defendant's failure to make a timely objection to the court's failure to attend such a view will not be considered an implied waiver of this requirement....

...thereto. We also affirm the conviction for first-degree murder and sentence of death. It is so ordered. McDONALD, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] A defendant's presence at a jury view is required under both § 918.05, Fla....

...NOTES [1] Only two Florida cases have come close to the question presented by this case. In McCollum v. State, 74 So.2d 74 (Fla. 1954), the court held that a trial judge must be present at a view by the jury in light of the mandatory provisions of Section 918.05, Florida Statutes (1951)....

...o view the premises where the shooting took place, and that the state attorney made a similar motion. The motions were granted, and after the trial judge had properly admonished the officer in charge of the jury in respect to his duties at the view, section 918.05, Florida Statutes 1951, F.S.A., the jury, in proper custody of the sheriff, left the courtroom to view the scene....

...present; when evidence is addressed to the court out of the presence of the jury for the purpose of laying the foundation for the introduction of evidence before the jury; at the rendition of the verdict; and at a view by the jury. It is provided by section 918.05, Florida Statutes 1951, F.S.A., that the trial court may order the jury to view the place where an offense appears to have been committed, and that at such view the trial judge shall be present, and that the defendant shall be present...

...nsonance with the theory and methods of judicial trials that the jury should base their findings solely upon sworn testimony in open court, or by depositions taken as provided by law." Haynes v. State, supra. It seems clear that the amended statute, section 918.05, Florida Statutes 1951, F.S.A., does not alter the rule that the view is not a part of the trial proper for the reception of evidence, since it expressly requires the trial judge to admonish the officer conducting the jury "to permit n...

...State, 29 Ga. App. 274, 115 S.E. 25. It is important to note, also, that in neither California nor in Idaho is there a specific statutory requirement that the trial judge shall be present at the view, such as has been made a part of our criminal code. Section 918.05, Florida Statutes 1951, F.S.A....

...iven. Jones relied upon his assertion that he did not commit the act, and his counsel, as a matter of strategy, properly waived the lesser included charge. Roberts claimed that his counsel's waiver of the judge's presence at a jury view, mandated by section 918.05, Florida Statutes (1983), constituted fundamental and per se reversible error....

...The second, with the dash lights, headlights, and door courtesy lights on, but no dome lights. The third, with the dash lights, the headlights, the door courtesy lights, and the dome lights on. Billie argues on appeal that the trial court erroneously permitted the three alternative scenarios in violation of Section 918.05, Florida Statutes, because the evidence did not support the three views and because the lighting evidence was disputed....

...re not working at the time of the incident. A jury view is intended to assist the jury in understanding and applying the evidence presented at trial. See McCollum v. State, 74 So.2d 74 (Fla.1954); Washington v. State, 86 Fla. 533, 98 So. 605 (1923). Section 918.05, Florida Statutes, permits a view of the crime scene by the jury where the trial court determines that the demonstration will be beneficial to the case....

...dation for the introduction of evidence before the jury; 6) At a view by the jury; 7) At the rendition of the verdict; and 8) Persons prosecuted for misdemeanors may, at their own request, by leave of court, be tried in their absence from the court. Section 918.05, Florida Statutes, F.S.A., authorizes the jury to view the premises where a crime has been committed and the officer in charge of the jury is admonished to permit no person to speak to or otherwise communicate with the jury; providing...

fundamental error. In support of this view see § 918.05, Fla.Stat., F.S.A.; Garcia v. State, 34 Fla. 311

...Jackie Lamar Bryan has raised seven issues on appeal, the first of which has merit and is dispositive. Bryan has contended that the judge erred in failing to accompany the jury to a view of crime scene evidence — a truck in which the victim of second degree murder was sitting when Bryan shot him. We agree and reverse. Section 918.05, Florida Statutes (1987), specifically requires a judge to be present at a jury view of a crime scene: View by jury....

compliance with the mandatory provisions of Section 918.05 F.S. 1967, F.S.A. relating to a view by the