Florida District Courts of Appeal, 1989

O'Brien v. State

O'Brien v. State
Florida District Courts of Appeal · Decided August 31, 1989 · Cowart, Dauksch, Goshorn
549 So. 2d 1048; 14 Fla. L. Weekly 2043; 1989 Fla. App. LEXIS 4842; 1989 WL 99696 (Southern Reporter, Second Series)

O'Brien v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See, Gibson v. State, 533 So.2d 338 (Fla. 5th DCA 1988) and Cook v. State, 548 So.2d 257 (Fla. 5th DCA 1989).

DAUKSCH and GOSHORN, JJ., concur. COWART, J., dissents with opinion.

Dissenting Opinion

COWART, Judge,

dissenting.

The trial court permitted the use at trial of a one-way screen to shield a child witness from a view of the defendant. This practice violated the defendant’s constitutional rights under the confrontational clause of the Sixth Amendment of the United States Constitution. Coy v. Iowa, — U.S.-, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988). See the case comment at 40 U.Fla. L.Rev. 1049 (Fla. 1988). This was fundamental error requiring no objection at trial and subject to no implied waiver from failure to object. State v. Johnson, 483 So.2d 420 (Fla. 1986). Furthermore, defense counsel objected to the screen. This case should be reversed and remanded for a new trial.

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