Carmichael v. State

District Court of Appeal of Florida

Carmichael v. State

670 So. 2d 1178, 1996 Fla. App. LEXIS 3340, 1996 WL 148997

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1996

DocketNo. 95-2304

StatusPublished

Cited by2 cases

This text of 670 So. 2d 1178 (Carmichael v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carmichael v. State, 670 So. 2d 1178, 1996 Fla. App. LEXIS 3340, 1996 WL 148997 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

The record reflects that the trial court committed reversible error in curtailing the defendant’s cross-examination of the prosecution’s chief witness as to her possible motive, bias, or self-interest. The law in Florida is clear that evidence tending to establish that a witness appearing before the State for any reason other than to tell the truth should not be kept from the jury. A trial court’s refusal, in a criminal prosecution, to allow cross-examination of a witness concerning a pending civil action between that witness and the defendant is error. See Wooten v. State, 464 So.2d 640 (Fla. 3d DCA), review denied, 475 So.2d 696 (Fla.1985).

Reversed.

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PER CURIAM.

The record reflects that the trial court committed reversible error in curtailing the defendant’s cross-examination of the prosecution’s chief witness as to her possible motive, bias, or self-interest. The law in Florida is clear that evidence tending to establish that a witness appearing before the State for any reason other than to tell the truth should not be kept from the jury. A trial court’s refusal, in a criminal prosecution, to allow cross-examination of a witness concerning a pending civil action between that witness and the defendant is error. See Wooten v. State, 464 So.2d 640 (Fla. 3d DCA), review denied, 475 So.2d 696 (Fla.1985).

Reversed.

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Bluebook (online)

670 So. 2d 1178, 1996 Fla. App. LEXIS 3340, 1996 WL 148997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carmichael-v-state-fladistctapp-1996.

Opinion

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