Supreme Court of Florida

Francisco Rodriguez, Petitioner v. State of Florida, Respondent.

July 12, 2018248 So. 3d 1085

Summary

The Florida Supreme Court reversed the Third District Court of Appeal and remanded, holding that the DiGuilio harmless‑error test—not the statutory “miscarriage of justice” test—governs whether admission of collateral‑crime hearsay requires reversal. The Court affirmed that the State bears the burden to show beyond a reasonable doubt that the error could not have affected the verdict. The decision also notes a dissent that would have affirmed the lower court.