Florida/Georgia Personal Injury & Workers Compensation

...They were not to rule on premeditated murder." The bailiff reported this exchange to the judge who called in the jury and reinstructed it on the verdicts for first-degree murder. Defense counsel neither objected to the judge's handling of the matter nor moved for a mistrial. Section 918.07, Florida Statutes (1985), provides that an officer in charge of jurors "shall not communicate with the jurors on any subject connected with the trial." The bailiff's remark to the jury concerning premeditated murder falls within this prohibition and clearly constitutes error....

...ufficient. The court and the court alone is entitled to instruct jurors as to the law and this must be done in the presence of the defendant. See section 919.05, supra; cf. Smith v. State, Fla. 1957, 95 So.2d 525, 527. Another of these safeguards is section 918.07, Fla....

...ge and there the court shall give them such additional instruction or shall order such testimony read to them. Such instruction may be given and such testimony read only after notice to the prosecuting attorney and to counsel for the defendant." [3] Section 918.07, Fla....

...that, if he is found guilty, his conviction will be automatically reversed."). [5] The fact that the bailiff, rather than the judge, communicated with the jury does not lessen the potential for prejudice. The bailiff's actions in this case violated section 918.07, Florida Statutes (1995), which prevents the officer in charge of the jurors from communicating with the jurors "on any subject except with the permission of the court given in open court in the presence of the defendant or his counsel....

...the trial of the cause or after giving notice to them of the reading thereof." In Holzapfel v. State, Fla.App. 1960, 120 So.2d 195, the jury asked the bailiff about a question of law and obtained an answer. Such procedure was violative of F.S. 1967, Section 918.07, F.S.A., and F.S....

...the constitutional standard of due process (was) violated and the intent and meaning of F.S. 921.141 F.S.A. misapplied where the trial judge immediately overruled the jury's recommendation for life sentence and summarily sentenced appellant to death?" As to the first alleged error, appellant contends that Florida Statutes, Section 918.07 (1971) F.S.A., precludes the trial judge or any other person from contacting a juror except by leave of court given in open court with the defendant or his counsel present. This statute specifically provides that: "918.07 Admonition to officer in charge of jurors....

...de by the bailiff in this case should be subject to a harmless error analysis. McKinney, however, is distinguishable from the instant case. In McKinney, this Court concluded that a bailiff's ex parte communication with the jury, although error under section 918.07, Florida Statutes, was harmless in light of the nonprejudicial nature of the bailiff's remarks and the corrective measures undertaken by the trial court....

...r se reversible error rule in Ivory are equally applicable to a bailiff's substantive response to a jury's request for additional instructions or for testimony to be read back in violation of rule 3.410. In fact, as with rule 3.410 and trial judges, section 918.07 contains an express prohibition on bailiffs communicating with the jury. Section 918.07 provides that an officer in charge of jurors "shall not communicate with the jurors on any subject connected with the trial." § 918.07, Fla....

...Nor do we believe the district court intended the question to cover responses indicating that the trial court would have to respond or that the bailiff would pass the question to the trial judge. Hence, we have rephrased the question to use the word "substantive" to describe the nature of the bailiff's response. Similarly, section 918.07, Florida Statutes (2001), prohibits a bailiff from communicating with the jury on any subject connected with the trial. Section 918.07 provides that the bailiff "shall not communicate with the jurors on any subject connected with the trial." [2] This Court, however, has noted that "communications outside the express notice requirements of rule 3.410 should be analyzed using harmless-error principles." Mendoza v....

...The jury withdrew its request. After the verdict was rendered, defense counsel became aware of the exchange between the bailiff and the jury, notified the court of the contact, and moved for a mistrial. Defense counsel argued that the conversation was improper and violated section 918.07, Florida Statutes (1987), which prohibits a bailiff from communicating with jurors on any subject connected with the trial, and Florida Rule of Criminal Procedure 3.390 which provides that only the trial court may instruct the jury on the law....

...The bailiff's advice to the jury to put its request in writing was neither an instruction on the law nor a prohibited conversation; it was more in the nature of a court directive. Irizarry v. State, 496 So.2d 822 (Fla. 1986). Furthermore, the bailiff's statement that the map was not in evidence did not violate section 918.07. After a bailiff-jury colloquy similar to that in this case *1168 the second district in Degeer v. State, 349 So.2d 713 (Fla. 2d DCA 1977), cert. denied, 358 So.2d 129 (Fla. 1978), found no violation of section 918.07 or the rules of criminal procedure....

...Although we agree with the defendant that in this case the proper procedure would have been to instruct the jury to put its request in writing, the bailiff's reply was innocuous and does not require reversal. See Crews v. State, 442 So.2d 432 (Fla. 5th DCA 1983) (section 918.07 not violated where prosecutor told jury that evidence could not be furnished until court ruled on defense counsel's objection); see generally Annotation, Communication Between Court Officials or Attendant and Jurors in Criminal Trial as Ground for Mistrial or Reversal, 35 A.L.R....

...t make any difference." (The juror's reference to "you" was to the trial judge.) The bailiff's answer that "Mr. Burdick did keep his money in several banks — that he had quite a bit of money in several banks", if given, was error and a violation of Section 918.07, Florida Statutes, which provides that the officer in whose charge a jury is committed shall not communicate with the jurors on any subject connected with the trial....

...dent grounds for reversal. Finally, we note that the error which occurred here was additionally compounded by the fact that the bailiff acted on the jury's request for the tape player without communicating with the trial court. Such conduct violated section 918.07, Florida Statutes *1279 (1993), which provides that the officer in charge of jurors "shall not communicate with the jurors on any subject connected with the trial." When the jurors asked the bailiff for a tape player to re-play the tap...

...The jury did not request additional instructions, or to have testimony read to them. Rather, they requested that the videotape, which was admitted into evidence, be furnished to them, as they had every right to do. Fla.R. Crim.P. 3.400. Appellant also argues the contact between the bailiff, the witness and the jury violated section 918.07, Florida Statutes (1981)....

...At most he said the tape and television could not be furnished to the jury until the court made a ruling on defense counsel's objection. The comments are not substantive, and they merely delayed the jury's consideration of evidence admitted at trial. We do not think section 918.07 was violated....

...[1] Inquiries from the jury must be answered in open court after notice to both the defendant's counsel and the prosecution. Fla.R.Crim.P. 3.410. No one is permitted to communicate with the jurors without permission from the court given in open court in the presence of the defendant or his counsel. Section 918.07, Florida Statutes....

...If the allegation is proven, appellants are entitled to a new trial. Holzapfel v. State, 120 So.2d 195 (Fla. 3d DCA), cert. denied, 125 So.2d 877 (Fla. 1960). Any questions from the jury must be submitted to the court and answered after consultation with counsel for both parties. § 918.07, Fla....

...The procedure that the trial court followed in answering the jury's request for a clarification of the instructions was improper. The court's response to the question should have been given in open court in the presence of appellant, his counsel, and the *675 assistant state attorney. RCrP 3.410. Florida Statute § 918.07, forbids communication concerning the trial between the officer in charge of the jury and the jurors....

...The trial judge then gave the jurors the "Allen charge" over objection of the defense and the jury retired to deliberate. Shortly thereafter verdicts of guilty were returned. The instruction given to the jurors by the bailiff, which was legally incorrect, is in clear violation of Section 918.07, Florida Statutes (1975)....

...o give the written instruction to the jury. Within a few minutes, the jury returned a verdict. Rodas argues that fundamental error occurred in the answer to the jury's second question. He relies primarily on Florida Rule of Criminal Procedure 3.410, section 918.07, Florida Statutes (2006), and State v....

...Section 918.06, Florida Statutes, F.S.A., requires the court to admonish the jury that it is their duty not to converse among themselves, or with any one else, on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them. Section 918.07, Florida Statutes, F.S.A., provides that jurors are committed to the charge of an officer and such officer shall be directed to keep the jurors together and not to permit any person to speak to or otherwise communicate with them on any...

to the jury to be given in open court) and Section 918.07, Florida Statutes (1975) (prohibiting the officer

...The Florida Supreme Court applies a “per se reversible error rule when a bailiff has unsupervised communications with a jury. See State v. Merricks, 831 So.2d 156, 161 (Fla.2002).... ” Johnson v. State, 53 So.3d 1003, 1008 (Fla.2011). See also § 918.07, Fla....