Turner v. State

Summary

The Florida appellate court reversed the defendant’s conviction for possession of a firearm by a convicted felon and remanded for a new trial. It held that the trial court improperly threatened to declare a mistrial unless the defendant testified, thereby infringing his right not to testify, and that no manifest necessity justified a mistrial.

Holdings

1. A mistrial over the defendant's objection is improper absent manifest necessity, and manifest necessity requires the trial court to explore and evaluate all reasonable alternatives before ending the trial.
2. A defendant's decision to testify cannot be compelled by threatening a mistrial, because the defendant has an absolute right not to testify unless he freely chooses to do so.

Questions Presented

1. Whether the trial court could threaten or declare a mistrial over the defendant's objection based on defense counsel's opening-statement comments without first establishing manifest necessity and considering reasonable alternatives.
2. Whether forcing the defendant to choose between testifying and allowing a mistrial violated his constitutional right not to testify.

Disposition

reversed_and_remanded