Summary
The Fourth District Court of Appeal of Florida affirmed an order granting Jamarlin Huntley’s motion for judgment of acquittal on a child abuse charge. The court held that the entirely circumstantial evidence did not establish an intentional act without impermissibly stacking inferences and concluded that it was bound by existing precedent.
Holdings
- The court had jurisdiction to review the order of acquittal because it was entered after the jury had deliberated and returned a verdict to the trial court on all charges, even though the jury had not been polled.
- The entirely circumstantial evidence was insufficient to establish beyond the permissible inference process that Huntley committed the intentional act required for child abuse; affirming the judgment of acquittal was therefore required.
Questions Presented
- Whether the appellate court had jurisdiction to review an order granting a judgment of acquittal after the jury had deliberated and returned a verdict but before the jury was polled.
- Whether the entirely circumstantial evidence established that Huntley committed an intentional act that could reasonably be expected to result in physical or mental injury to K.H. without impermissibly stacking inferences.
Disposition
affirmed
Cases Cited (3)
- Graham v. State, 748 So. 2d 1071, 1072 (Fla. 4th DCA 1999)(followed)
- State v. Pickersgill, 284 So. 3d 542, 548 (Fla. 4th DCA 2019), review denied, SC19-2142, 2020 WL 3549917 (Fla. June 30, 2020)(followed)
- Bush v. State, 295 So. 3d 179 (Fla. 2020)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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