State v. Ward
State v. Ward
Opinion of the Court
The Third District Court of Appeal has certified the following question as one of great public importance:
IS A NEW TRIAL REQUIRED WHEN THE TRIAL COURT’S FAILURE TO CONDUCT A RICHARDSON INQUIRY IS, IN THE OPINION OF THE REVIEWING COURT, HARMLESS ERROR?
Ward v. State, 477 So.2d 66, 67 (Fla. 3d DCA 1985). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
We recently answered the identical question in the affirmative in Smith v. State, 500 So.2d 125 (Fla. 1986). Accordingly, we approve the decision of the district court.
It is so ordered.
Dissenting Opinion
dissenting.
For the reasons expressed in my dissent in Smith v. State, 500 So.2d 125 (Fla. 1986), I dissent from the majority opinion and call for the modification of the per se rule of Richardson v. State, 246 So.2d 771 (Fla. 1971). The harmless error standard should be applicable to a trial court’s failure to hold a Richardson hearing.
SHAW, J., concurs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.