Rafael Alexander Gutierrez, Petitioner v. State of Florida, Respondent

Summary

The Florida Supreme Court held that a special jury instruction stating a sexual battery victim’s testimony need not be corroborated is improper and not harmless error, thus quashing the Fifth District’s decision and remanding for a new trial. The Court affirmed the Second District’s ruling in Brown that such an instruction improperly singles out the victim’s testimony. A concurring dissent argued the cases do not present a direct conflict and should be dismissed.