Opinion

R.O. v. State

  • 46 So. 3d 124
  • 2010 Fla. App. LEXIS 15827
Court
District Court of Appeal of Florida
Filed
Oct 20, 2010
Status
Published
Author
Cope
On the bench
Cope, Gersten, Wells
Cited by
9 cases
Authority
More cited than 17.7%

“A court may not ask questions or make comments in an attempt to supply essential elements to the State's case.”

How later courts described this case

  • “A court may not ask questions or make comments in an attempt to supply essential elements to the State's case.”
  • “Questioning may be necessary, in the court's discretion, to ascertain the truth, or to clarify an issue”

Written by the judges who cited it.

The opinion

COPE, J.

(dissenting).

We should affirm. The defense did not make any objection in the trial court that the judge had departed from neutrality. The only objection was that the trial *127 court’s questions had broadened the scope of direct examination. The point is not preserved for appellate review. See Castor v. State, 365 So.2d 701, 703 (Fla.1978).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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