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ERRONEOUS

involving a mistake; signifies a deviation from the requirements of the law, but it does not connote a lack of legal authority, and is thus distinguished from illegal. If, while having the power to act, one commits error in the exercise of that power, he acts erroneously.

ERRONEOUS JUDGMENT one rendered according to practice of court, but contrary to law, upon a mistaken view of law, or upon erroneous application of legal principles.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; ©
Hurst contends that the cumulative effect of errors in this case deprived him of a fundamentally fair trial and undermines confidence in the result of the capital proceedings. Where multiple errors are found, even if deemed harmless individually, "the cumulative effect of such errors" may "deny to defendant the fair and impartial trial that is the inalienable right of all litigants." Brooks v. State, 918 So.2d 181, 202 (Fla.2005) (quoting Jackson v. State, 575 So.2d 181, 189 (Fla.1991)); see also McDuffie v. State, 970 So.2d 312, 328 (Fla.2007). Where several errors are identified, the Court "considers the cumulative effect of evidentiary errors and ineffective assistance claims together." Suggs v. State, 923 So.2d 419, 441 (Fla.2005). However, where the alleged errors urged for consideration in a cumulative error analysis are individually "either procedurally barred or without merit, the claim of cumulative error also necessarily fails." Israel v. State, 985 So.2d 510, 520 (Fla.2008) (quoting Parker v. State, 904 So.2d 370, 380 (Fla.2005)); see also Rogers v. State, 957 So.2d 538, 555 (Fla.2007); Wright v. State, 857 So.2d 861, 871 (Fla.2003); Downs v. State, 740 So.2d 506, 509 n. 5 (Fla.1999).

We have concluded that the State should have disclosed certain of Investigator Nesmith's field notes and that the trial court's refusal to perpetuate the testimony of Willie Griffin was an abuse of discretion. However, as explained above, no prejudice accrued from these errors. Because we also conclude that these guilt phase errors did not deprive Hurst of a fair trial cumulatively, we find no merit to Hurst's cumulative error claim as to the guilt phase in this case.
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