Tallahassee, FL (AP) - A sharply divided Florida Supreme Court
has reversed a criminal conviction because the judge instructed
jurors they couldn't ask to have testimony read back to them.
The justices unanimously agreed Thursday the judge's instruction
was erroneous. They split 4-3, though, on whether Aundra Johnson's
conviction on a charge of fleeing police in Miami-Dade County
should automatically be reversed.
The dissenting justices wanted to send the case back to the 3rd
District Court of Appeal to decide if the error was harmless.
The majority said it's impossible to determine that without
engaging in speculation so the only remedy is reversal.
Chief Justice Charles Canady and Justices Ricky Polston and
Jorge Labarga dissented.
(Copyright 2010 by The Associated Press. All Rights Reserved.)
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