Home/District Court of Appeal of Florida/Morosini v. State

Morosini v. State

557 So. 2d 232, 1990 Fla. App. LEXIS 1205, 1990 WL 17508
CourtDistrict Court of Appeal of Florida
DecidedFebruary 28, 1990
DocketNo. 89-0995
StatusPublished

This text of 557 So. 2d 232 (Morosini 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
Morosini v. State, 557 So. 2d 232, 1990 Fla. App. LEXIS 1205, 1990 WL 17508 (Fla. Ct. App. 1990).

Opinion

PER CURIAM.

Reversed and remanded for a new trial. We agree with appellant that the trial court erred in allowing a witness to be called as a court witness in violation of the rule set out in Jackson v. State, 498 So.2d 906 (Fla.1986). Because it is clear from the record that the state relied heavily on the disputed prior statements made by this witness to prove its case against the appellant, we cannot conclude that the error was harmless. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

DOWNEY and ANSTEAD, JJ., concur. WALDEN, J., dissents without opinion.

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Related

Jackson v. State
498 So. 2d 906 (Supreme Court of Florida, 1986)
State v. DiGuilio
491 So. 2d 1129 (Supreme Court of Florida, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
557 So. 2d 232, 1990 Fla. App. LEXIS 1205, 1990 WL 17508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morosini-v-state-fladistctapp-1990.