Tuesday, June 4, 2002
State of Florida v. Adolphus Merricks

no. 01-1906
Pinellas County


Merricks was convicted of sexual battery and attempted sexual battery. Prior to the jury returning a verdict, a juror informed a bailiff that the jury would like some of the testimony read to them. Without consulting anyone, another bailiff said they would have to rely on their own memories. The trial judge was told what had happened and summoned the attorneys to let them know. One minute later the jury returned its guilty verdicts. Defense counsel moved for a mistrial, but the judge denied the request. The Second District reversed.