From Casetext: Smarter Legal Research

Carmichael v. State

District Court of Appeal of Florida, Third District
Apr 3, 1996
670 So. 2d 1178 (Fla. Dist. Ct. App. 1996)

Summary

reversing for the 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

Summary of this case from Lavin v. State

Opinion

No. 95-2304.

April 3, 1996.

An Appeal from the Circuit Court for Dade County, Michael B. Chavies, Judge.

Samek Besser and Lawrence E. Besser, for appellant.

Robert A. Butterworth, Attorney General, and Wanda Raiford, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN, and FLETCHER, JJ.


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.


Summaries of

Carmichael v. State

District Court of Appeal of Florida, Third District
Apr 3, 1996
670 So. 2d 1178 (Fla. Dist. Ct. App. 1996)

reversing for the 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

Summary of this case from Lavin v. State
Case details for

Carmichael v. State

Case Details

Full title:MILDRED JEAN CARMICHAEL, APPELLANT v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 3, 1996

Citations

670 So. 2d 1178 (Fla. Dist. Ct. App. 1996)

Citing Cases

Lavin v. State

As this court has stated, "evidence tending to establish that a witness appearing [sic] before the State for…