Robinson Calixte v. the State of Florida
This text of Robinson Calixte v. the State of Florida (Robinson Calixte v. the State of Florida) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed January 29, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0270 Lower Tribunal No. F17-9011 ________________
Robinson Calixte, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.
John Guard, Acting Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before EMAS, LINDSEY and BOKOR, JJ.
PER CURIAM. Affirmed. See Erickson v. State, 565 So. 2d 328, 331 (Fla. 4th DCA
1990) (explaining that an expert cannot testify as to the truthfulness of a
witness or to a defendant’s mental condition when such condition is not at
issue); see also Carter v. State, 697 So. 2d 529, 531 (Fla. 1st DCA 1997)
(reversing based on exclusion of defense expert testimony where defense
expert would have testified to Carter’s mental condition and ability to
understand his rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966),
and competently waive same).
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