Supreme Court of Florida

James Warmington, Petitioner v. State of Florida, Respondent

October 16, 201439 Fla. L. Weekly Supp. 630

Summary

The court held that the State impermissibly shifted the burden of proof by eliciting testimony that the defendant failed to produce documents supporting his exculpatory account, even though the testimony concerned events before trial and historically accurate investigative facts. Because the State did not establish beyond a reasonable doubt that this error had no effect on the verdict, the court quashed the decision below and ordered a new trial. Justice Perry, dissenting, would have dismissed for lack of jurisdiction and, alternatively, found no harmful error; Justice Polston, dissenting, likewise would have found no express and direct conflict.