Rodriguez v. State

The Supreme Court quashed the Third District Court of Appeal’s decision in this case and remanded for reconsideration under the correct harmless error standard set forth in State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986), holding that the Third District improperly departed from the DiGuilio standard.In DiGuilio, the Supreme Court set forth the test to be applied in determining whether an error is harmless. The Court thereafter reaffirmed the harmless error standard numerous times. In the instant case, the Third District departed from the DiGuilio standard. Consistent with precedent, the Supreme Court quashed the Third District’s decision and remanded for reconsideration under the correct standard. View "Rodriguez v. State" on Justia Law