Background
Florida’s Sixth District Court of Appeal recently addressed a question that comes up in criminal trials all the time: if a judge rules against you on a motion to exclude evidence before trial, do you have to object again when that same evidence is actually introduced during trial in order to preserve the issue for appeal? The court affirmed the conviction but certified the question to the Florida Supreme Court as one of great public importance.
The case arose out of Polk County. The defendant was convicted of attempted sexual battery and appealed, raising four issues. The appellate court focused on one: whether the trial court was wrong to admit a recording of a custodial interview in which law enforcement officers repeatedly expressed their personal opinion that the defendant was guilty.
The Evidentiary Problem
Under Florida law, witnesses—including police officers—are not allowed to offer their personal opinion about whether a defendant is guilty or innocent. That is the jury’s job. When a recording of a police interview includes officers repeatedly telling a suspect that they believe he did it, that kind of testimony can seriously undermine a defendant’s right to a fair trial.
Defense counsel recognized the problem and challenged the recording before trial through a motion in limine. The judge denied the motion. But when the recording was actually played for the jury at trial, defense counsel did not object again.
The Preservation Question
That decision not to re-object became the central issue on appeal. The Sixth DCA held that even after a trial court issues a definitive pretrial ruling, a defendant must still renew the objection when the evidence comes in at trial to properly preserve the issue for appeal. Because that did not happen here, the court found the issue was not preserved.
The Sixth DCA acknowledged, however, that other Florida appellate courts have handled this question differently. Some districts have held that a definitive pretrial ruling is enough on its own—no renewal required. Because of that conflict across the districts, the Sixth DCA certified the question to the Florida Supreme Court, flagging it as an issue of statewide significance that needs a definitive answer.
Why This Matters
The practical stakes here are high. Defense lawyers in Florida currently face an inconsistent landscape on this issue, and getting it wrong—by assuming a pretrial ruling is enough when it is not—can cost a defendant the right to raise a valid objection on appeal. Until the Florida Supreme Court resolves this split, the safest practice is to renew objections at trial even after a court has already ruled on a pretrial motion.
Read the full opinion: Sixth District Court of Appeal, 2026 — search the 6DCA opinions archive for the Polk County sexual battery certified-question decision
How Sanchez Vaughn Trial Lawyers Can Help
Sexual battery charges are among the most serious criminal allegations a person can face, and the way a case is handled at trial—including which objections are made and when—can determine whether meaningful appellate review is even available later. At Sanchez Vaughn Trial Lawyers, we defend clients against sex crimes charges in Tampa Bay and throughout Florida, and we pay close attention to preserving every viable legal argument from the first court appearance through trial and, if necessary, on appeal.