McKinney v. State

Full title: KENNETH McKINNEY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 21, 1991

579 So. 2d 393 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1406.

May 21, 1991.

Appeal from the Circuit Court, Dade County, Arthur Snyder, J.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan Greenberg, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and LEVY, JJ.

PER CURIAM.

Upon this court's review of the record and the state's confession of error, we find it was error to have allowed the state, over objection, to ask two defense witnesses if another defense witness had lied. E.g., Boatwright v. State, 452 So.2d 666 (Fla. 4th DCA 1984). Because the case turned on the resolution of the competing credibility of the victim, who was the state's crucial witness, versus the defense witnesses, the matter cannot be deemed harmless beyond a reasonable doubt. State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

Accordingly, we reverse and remand for a new trial.