Florida/Georgia Personal Injury & Workers Compensation

...He is entitled to have this considered in determining whether death should be his punishment. This factor should be weighed against the valid aggravating circumstances by the trial judge. I personally do not believe that death is appropriate in this case. NOTES [1] Section 90.106, Florida Statutes (1983) provides: A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused....

...e had returned to a Christian life-style. When defense counsel objected to this testimony based on relevancy, the trial court stated that it "may have something to do with his credibility," but did not permit any additional testimony on the subject. Section 90.106, Florida Statutes (1985), provides that a judge may not comment to *187 the jury on the weight of the evidence or the credibility of the witnesses....

...ated to the question of whether or not consent was ever finally given. This instruction was omitted from the Standard Jury Instructions promulgated by this Court at 327 So.2d 6 (Fla. 1976) and is not included in the present instructions. Also, *1142 section 90.106 of the Florida Evidence Code, adopted by this Court, 372 So.2d 1369; 376 So.2d 1161 (Fla....

...Although the Legislature frequently includes a “findings and purpose” section at the beginning of a statute, it did not do so here. See, e.g., ch. 93-401, § 1, Laws of Fla. Indeed, the Legislature did not provide such language in the bill, the statute, or even the staff analyses associated with the bill. Section 90.106 The application of section 90.304 to section 627.7073(l)(c), as articulated at trial, was also inconsistent with section 90.106 Florida Statutes (2005), which provides that “[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.” If a trial court was permitted to instruct the jury that a particular document must be presumed correct, such an instruction would be in clear violation of the prohibition against such instructions articulated in section 90.106....

...A breach of the prohibition *434 against judicial commentary on the evidence tends to destroy the impartiality of the trial to which a litigant or an accused is entitled. Hamilton v. State, 109 So.2d 422, 424-25 (Fla. 3d DCA 1959). Florida's prohibition of judicial comment on the evidence has been codified in section 90.106, Florida Statutes (2007). Vaughn v. Progressive Cas. Ins. Co., 907 So.2d 1248, 1254 (Fla. 5th DCA 2005). Section 90.106 provides: "A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." The Florida courts have determined that various jury instructions th...

...Marr I and Marr II: The Cases Relied on by Mr. Brown In Marr I and Marr II, the First District and the Supreme Court of Florida, respectively, considered a jury instruction analogous to the instruction under review here. Marr I and Marr II were decided after the adoption of section 90.106 and the 1983 amendment to section 794.022(1)....

...The instruction requested by defendant below, singling out the prosecutrix in a rape case for judicial comment on the *436 credibility of her testimony, is plainly erroneous and not the law of this state. Id. at 708-09. In reaching this conclusion, the en banc majority relied on section 90.106....

...State, 35 Fla. 171, 17 So. 555, 557 (1895). Walker argues that we should answer the certified question in the affirmative and hold that the instruction on possession of recently stolen property constitutes an impermissible comment on the evidence. See § 90.106, Fla....

...Any remarks that the judge makes are listened to closely by the jury and are given great weight. Because of the credibility that the comments are given and because they would likely overshadow that testimony of the witnesses themselves and of counsel, section 90.106 recognizes that a judge is prohibited from commenting on the weight of the evidence, or the credibility of the witness, and from summing up the evidence to the jury. If such comment and summing up were permitted, impartiality of the trial would be destroyed. Consistent with our judicial rule, section 90.106, Florida Statutes (2004), provides that "[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." This Court has consistently honored the policy announced in Lester in a variety of contexts....

...Do you understand that? "COUNSEL: Yes, Your Honor." [emphasis supplied] At that point, counsel tried to proceed with his point that the witnesses had lied but without using the term "liar". The jury returned a verdict of guilty on all counts. We reverse. Section 90.106, Florida Statutes (1995), provides that "[a] judge may not ......

...ligence issue, and (b) the trial court otherwise properly instructed the jury on the issue of intervening cause. See, e.g., Florida Power & Light Co. v. McCollum, 140 So.2d 569 (Fla. 1962); Smith v. Canevary, 553 So.2d 1312, 1316 (Fla. 3d DCA 1989); § 90.106, Fla....

...appeal. However, we hold that the trial court's reference to the accident reconstructionist as an "expert" was not harmful error under the facts presented here. A trial judge is precluded from commenting on the weight of the evidence presented. See § 90.106, Fla....

...[11] None of the foregoing cases have a jury instruction issue and none held it was error to fail to give an instruction of the type requested here. [12] Further, the Florida Evidence Code, adopted since decisions relied on by defendant, codifies the law in Section 90.106 as follows: [13] A judge may not sum up the evidence or comment to the jury on the weight of the evidence, the credibility of the witnesses, or the guilt of the accused. *712 Cases are legion in annotation under Section 90.106, supra, that the judge must avoid any expression of opinion on the credibility of a witness....

...da Statutes, by Chapter 83-258, Section 1, Laws of Florida, deleting certain language permitting the court to instruct the jury "with respect to the weight and quality of the evidence ..."; (3) the adoption of the Florida Evidence Code, particularly section 90.106, forbidding any comment by the trial judge regarding the weight of the evidence or the credibility of the witnesses; and (4) the omission from the Florida Standard Jury Instructions by Standard Jury Instructions in Criminal Cases, 327 So.2d 6 (Fla....

...On the other hand, a statute may survive an attack against it as being violative of separation of powers as long as it does not take from the courts the final discretion to act. State v. Benitez, 395 So.2d 514, 519 (Fla. 1981). As to the majority's reliance upon section 90.106 — barring comments by the trial court regarding the weight of the evidence and the credibility of witnesses — as support for its position that a trial judge no longer has any discretion to give the requested instruction, I would simp...

...I was, in fact, myself confused by the questions being asked. THE COURT: I can't help it if you are confused. That doesn't mean I have to be confused with you. We don't run in the same track. I can't help that. Appellant argues that the trial judge violated Section 90.106, Florida Statutes, providing: "A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." In Ehrhardt, Florida Evidence § 106.1, p....

...Any remarks and comments that the judge makes are listened to closely by the jury and are given *492 great weight. Because of the credibility that the comments are given and because they would likely overshadow the testimony of the witnesses themselves and of counsel, Section 90.106 recognizes that a judge is prohibited from commenting on the weight of the evidence, or the credibility of the witness, and from summing up the evidence to the jury....

...arks, 740 So. 2d at 37 (quoting J.F. v. State, 718 So. 2d 251 (Fla. 4th DCA 1998)). Nor should judges “sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.” § 90.106, Fla....

...For the trial court to accuse defense counsel of misrepresenting the evidence not only cast counsel in a poor light in front of the jury but, more importantly, supported the state's argument by implying to the jury that, in the court's view, Fondrose was a biased witness. Section 90.106, Florida Statutes (1999), states that a trial "judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." As we noted in Brown v....

...law is clear, especially in a criminal prosecution, that the trial court should take great care not to intimate to the jury the court’s opinion as to the weight, character, or credibility of any evidence adduced. Id. This principle is codified in section 90.106, Florida Statutes (2011), which provides that “[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.” The basis for this provision emanates from Hamilton v....

...In order to ensure that all litigants receive a fair trial, the courts adhere to the general principle that "[a] trial court should scrupulously avoid commenting on the evidence in a case." Whitfield v. State, 452 So.2d 548, 549 (Fla.1984). This general principle has been codified in section 90.106, Florida Statutes (2003), which provides that "[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." The Law Revision Council's Not...

...State, 209 So.2d 687, 688 (Fla. 2d DCA 1968). The State responds that both attorneys indicated they were satisfied with the trial court's response. Appellant focuses on appeal upon just a small portion of the judge's full and complete answer to the jury's question. Section 90.106, Florida Statutes (2005), states that a judge "may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." The court's comments did not mention any...

...186 So. 3d at 608 (alteration in original). 1 The appellate court reasoned that by engaging in this “tender and accept” process, whereby the court implicitly or explicitly commented on the witness’s status as an “expert,” the court violated section 90.106, Florida Statutes (2016), which prohibits it from commenting on “the credibility of the witnesses.” Id....

...aring the witness an expert in the presence of the jury, we do not believe that this “tender and accept” process necessarily equates to commenting on the witness’s testimony or placing the court’s imprimatur on the witness in violation of section 90.106....

...Any remarks and comments that the judge makes are listened to closely by the jury and are given great weight. Because of the credibility that the comments are given and because they would likely overshadow the testimony of the witnesses themselves and of counsel, Section 90.106 recognizes that a judge is prohibited from commenting on the weight of the evidence, or the credibility of the witness, and from summing up the evidence to the jury....

...is broad but must be exercised with care) — and in the British system, in Florida state courts it is improper for a trial judge to comment on the weight of the evidence, i.e. to suggest that some evidence may be more important than other evidence. § 90.106, Fla....

...[and] should - 11 - take great care not to intimate to the jury the court’s opinion as to the weight, character, or credibility of any evidence adduced.” Id. at 549 (citations omitted). This important prohibition has in fact been codified in section 90.106, Florida Statutes (2014), which states that “[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.” We disagree with the hold...

...By its comment for defense counsel to stay within the nature of the conversation between the two, the trial court strayed into a factual issue for the jury's determination—namely, whether there was an unrecorded conversation that preceded Thomas's alleged confession. Section 90.106, Florida Statutes (2001), prohibits a trial judge from summing up the evidence or commenting to the jury on the weight of the evidence, a witness's credibility, or a defendant's guilt....

...You are to rely on your own recollections of the evidence, and you are to rely upon the testimony and the evidence as it occurred here in the courtroom, and these exhibits that are tendered to you will be brought to you in the jury room. Mr. Coates argues that section 90.106, Florida Statutes (2001), compelled the granting of a mistrial....

...4th DCA 2003) (quoting Rimmer v. State, 825 So.2d 304, 323 (Fla.2002)). We note that “[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.” § 90.106, Fla....

...ht of the evidence, the credibility of a witness, or the guilt of an accused, it thereby destroys the impartiality of the trial to which the *389 litigant or accused is entitled." Hamilton v. State, 109 So.2d 422, 424-25 (Fla. 3d DCA 1959). See also § 90.106, Fla....

...d no bias against the defendant. The State alternatively argues that any error was harmless. "A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused." § 90.106, Fla....

...474, 478 (Fla. 1898) (“We have repeatedly held that remarks of the judge during the trial as to the credibility of a witness, or as to the weight of any evidence relevant to the issue, are an improper assumption of or infringement upon the province of the jury . . . .”); see also § 90.106, Fla....

Millett v. State, 460 So.2d 489 (Fla. 1st DCA 1984); § 90.106, Fla.Stat. (1985). For the court to apprise the

...judge was legally sufficient to require recusal). Furthermore, we find that the trial court’s sua sponte declaration that Officer Samuel Koivisto qualified as an expert witness constituted an improper comment on the credibility of the witness. See § 90.106, Fla....

...When a court declares that a witness is an “expert” in his or her field, it confers an imprimatur of authority and credibility, thereby inordinately augmenting the witness’s stature while simultaneously detracting from the court’s position of neutrality. See § 90.106, Fla....

party or the attorney in the jury’s presence. Section 90.106 of the Florida Evidence Code clearly dictates

...ed in the future, in an attempt to reduce severance damages. The County contends that the trial court erred in issuing this instruction. We agree. The instruction was improper because it violated the prohibition against judicial comment set forth in section 90.106, Florida Statutes (2010), and contradicted the standard jury instruction on expert witnesses. *522 Section 90.106 provides that a judge may not comment to the jury upon the weight of the evidence. § 90.106, Fla....

...inadmissible evidence from being suggested to the jury by any means.”). A judge may question witnesses to clarify issues, as long as the questions do not demonstrate a departure from the judge’s neutral position. Williams v. State, 143 So. 2d 484, 488 (Fla. 1962); see § 90.106, Fla....

...in the issues of a case, the law is clear, especially in a criminal prosecution, that the trial court should take great care not to intimate to the jury the court’s opinion as to the weight, character, or credibility of any evidence adduced.”); § 90.106, Fla....

...from being suggested to the jury by any means."). A judge may question witnesses to clarify issues, as long as the questions do not demonstrate a departure from the judge's neutral position. Williams v. State , 143 So.2d 484 , 488 (Fla. 1962) ; see § 90.106, Fla....

...from being suggested to the jury by any means."). A judge may question witnesses to clarify issues, as long as the questions do not demonstrate a departure from the judge's neutral position. Williams v. State , 143 So.2d 484 , 488 (Fla. 1962) ; see § 90.106, Fla....

...If you anticipate any problem following this instruction, please raise your hand. No member of the jury responded either verbally or by hand gesture. Mitsubishi argues the trial court's comments constituted a statement on the evidence and the ultimate issue to be decided, in violation of section 90.106, Florida Statutes (2008)....

...2d 292 (Fla. 1992), to argue that the requested instruction would constitute an improper comment on the weight of the evidence. Although it is true that “[a] judge may not sum up the evidence or comment to the jury upon the weight of the evidence,” § 90.106, Fla....

...ndzier v. Bielecki, 97 So.2d 604, 607 (Fla.1957). The Evidence Code provides that “[a] judge may not sum up the *957 evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.” § 90.106, Fla....