Tyson v. State
The Fifth DCA reversed Tyson's convictions for aggravated assault on a law enforcement officer, battery on a law enforcement officer, resisting with violence, and carrying a concealed firearm because the trial court failed to hold a Richardson hearing after the State impeached him at trial with an undisclosed internal complaint and email purportedly authored by him. The court held that because the State never offered a sufficient record showing the defense was not procedurally prejudiced, and because the lack of a Richardson hearing left the appellate court to speculate about defense strategy, the error could not be deemed harmless beyond a reasonable doubt. The case was remanded for a new trial.
Key facts
- Tyson was charged with aggravated assault on a law enforcement officer, battery on a law enforcement officer, resisting with violence, and carrying a concealed firearm.
- At trial, the State impeached Tyson with an undisclosed internal complaint and email purportedly authored by him without the trial court conducting a Richardson hearing after the violation was brought to its attention.
- +2 more key facts with a free trial
Why it matters
This opinion is a useful reaffirmation of the strict Richardson hearing requirement and the Schopp/Scipio harmless-error framework, emphasizing that findings of harmless error in this context should be 'the exception… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.