Pandula v. Fonseca

8 Citing cases

  1. Hitchcock v. State

    413 So. 2d 741 (Fla. 1982)   Cited 80 times   2 Legal Analyses
    Finding that Florida's death penalty statute limits aggravators to those listed in the statute such that โ€œthere is no reason to require the state to notify defendants of the aggravating factors that the state intends to proveโ€

    For impeachment purposes the only proper inquiry into a witness' character goes to reputation for truth and veracity. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940). The excluded testimony could have been relevant only to show Richard Hitchcock's alleged bad acts and violent propensities and, thus, was properly excluded for impeachment purposes.

  2. Steinhorst v. State

    412 So. 2d 332 (Fla. 1982)   Cited 394 times   1 Legal Analyses
    Holding that defense counsel did not preserve an issue for appellate review because he "did not present argument to the trial court"

    But it is not proper to engage in a general attack on the character of the witness. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940); Taylor v. State, 139 Fla. 542, 190 So. 69 (1939); Nelson v. State, 99 Fla. 1032, 128 So. 1 (1930). While the defense had the right to question Capo as to the whole of the conversation he spoke of on direct examination, Louette v. State; Haager v. State, and as to the factual background of the conversation, to question him generally about his role in the marijuana smuggling operation would have been to engage in a general attack on his character.

  3. Schofield v. State

    67 So. 3d 1066 (Fla. Dist. Ct. App. 2011)   Cited 7 times

    For impeachment purposes the only proper inquiry into a witness' character goes to reputation for truth and veracity. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940). The excluded testimony could have been relevant only to show Richard Hitchcock's alleged bad acts and violent propensities and, thus, was properly excluded for impeachment purposes.

  4. Parsons v. State

    691 So. 2d 552 (Fla. Dist. Ct. App. 1997)

    PER CURIAM. Affirmed. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940); Forte v. State, 662 So.2d 432 (Fla. 3d DCA 1995); McCall v. State, 463 So.2d 425 (Fla. 3d DCA 1985); Hernandez v. State, 360 So.2d 39 (Fla. 3d DCA 1978); Oliva v. State, 354 So.2d 1264 (Fla. 3d DCA 1978); Broge v. State, 288 So.2d 280 (Fla. 4th DCA 1974); Schulkin v. State, 287 So.2d 137 (Fla. 3d DCA 1973). PER CURIAM.

  5. J.S. v. State

    382 So. 2d 1335 (Fla. Dist. Ct. App. 1980)

    PER CURIAM. The adjudication of delinquency under review is affirmed upon a holding that: (a) the evidence at trial was sufficient to support the adjudication of delinquency, D.S.H. v. State, 323 So.2d 292 (Fla. 3d DCA 1975); and (b) no reversible error has been shown relative to the trial court's rulings regulating the cross examination of the state witness Frank Bates. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940); ยง 59.041, Fla. Stat. (1979). SCHWARTZ, Judge (dissenting).

  6. Hernandez v. State

    360 So. 2d 39 (Fla. Dist. Ct. App. 1978)   Cited 10 times
    Holding trial court's denial of cross-examination of prosecution witness not error where defendant made no tender nor did he advise the court of the relevancy of questions to a showing of bias

    We hold that no abuse of discretion appears on this record, nor can it be said that the rulings of the court amounted to a denial of due process. Cf. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940); and Welch v. State, 342 So.2d 1070 (Fla. 3d DCA 1977). Affirmed.

  7. Welch v. State

    342 So. 2d 1070 (Fla. Dist. Ct. App. 1977)   Cited 4 times

    Thus, Welch contends his right to cross-examination was unduly restricted. The extent to which cross-examination should be permitted to show a witness' bias, interest, motives or animus rests largely within the sound discretion of the trial judge and his rulings will not be disturbed in the absence of a showing of a clear abuse of that discretion. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358 (1940); Matera v. State, 218 So.2d 180 (Fla.3d DCA 1969); Maycock v. State, 284 So.2d 411 (Fla.3d DCA 1973). Linda had already been questioned by defense counsel as to whether her husband had told her he was going to seek revenge against the defendant and she denied he told her this.

  8. H.I. Holding Company v. Dade County

    129 So. 2d 693 (Fla. Dist. Ct. App. 1961)   Cited 34 times

    It is within the reasonable discretion of the court to determine to what length it will go in permitting cross-examination of a witness for the purpose of showing interest, bias or prejudice of the witness. Pandula v. Fonseca, 145 Fla. 395, 199 So. 358. It was admitted that the witness was employed and being paid by the petitioner. More important than the amount of pay would have been the manner or method of pay or whether or not the witness was a full time employee.