Barnes v. State

Summary

The Supreme Court of Florida held that a written transcript of a defendant’s prior trial testimony, after being read to the jury, should not be admitted as an exhibit or provided to the jury during deliberations. The court concluded that doing so was an abuse of discretion because the transcript was testimonial in nature and could improperly emphasize the prior testimony and implicate the defendant’s right to remain silent. The court further held that the State failed to establish harmless error and quashed the First District’s decision, remanding for a new trial.

Holdings

1. When a defendant's prior-trial testimony has been read to the jury as testimonial evidence, the written transcript is not a "thing" that should be admitted into evidence as an exhibit or provided to the jury during deliberations under Florida Rule of Criminal Procedure 3.400(a)(4).
2. The State failed to establish beyond a reasonable doubt that the erroneous admission and jury-room use of the transcript did not contribute to Barnes's guilty verdict; therefore, the error was harmful and required a new trial.

Questions Presented

1. Whether a written transcript of a defendant's prior-trial testimony, after being read to the jury as testimonial evidence, may be admitted as an exhibit and provided to the jury during deliberations under Florida Rule of Criminal Procedure 3.400(a)(4).
2. Whether the erroneous admission and jury-room use of the transcript constituted harmless error.

Disposition

quashed