Kissy Terice Jovan Mackey v. State of Florida

Summary

The Fifth District Court of Appeal of Florida granted rehearing, withdrew its prior opinion, and substituted this opinion. The court held that the trial court erred by admitting a videotaped police interrogation containing repeated detective statements accusing the defendant of lying and expressing opinions about her guilt. The court reversed the judgment and sentence and remanded for a new trial.

Holdings

1. The trial court erred by admitting the objected-to portions of the videotaped interrogation in which detectives repeatedly accused Mackey of lying, described her as engaging in a pattern of lies, and expressed that she was guilty of being an accessory after the fact.
2. The State failed to establish that the erroneous admission of the detectives' repeated accusations was harmless.

Questions Presented

1. Whether the trial court erred by admitting a recorded police interrogation in which detectives repeatedly expressed opinions that Mackey was lying and was involved in the crime.
2. Whether the erroneous admission of the detectives' repeated accusations was harmless.

Disposition

reversed_and_remanded