Thompson v. State
The Fifth DCA reversed a conviction for aggravated battery causing great bodily harm because the trial court denied a motion for mistrial after the jury pool heard the original information and extensive voir dire discussion about a concealed-firearm charge that the State later nolle prossed as legally invalid. The court held that once jurors were exposed to an unrelated, non-pending criminal charge, curative instructions could not 'unring the bell,' and the error was not harmless.
Key facts
- Thompson was charged with aggravated battery causing great bodily harm and a concealed-firearm charge in the same information.
- During voir dire, the jury pool heard the original information and extensive testimony about the concealed-firearm charge, which the State later nolle prossed as legally invalid before trial.
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Why it matters
This decision reinforces that curative instructions cannot remedy prejudice from jurors learning of additional, non-pending charges, especially where voir dire substantively explored the subject matter of the dismissed… — full analysis with a trial
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