Garey v. State

Florida District Courts of Appeal
Garey v. State, 432 So. 2d 796 (1983)
1983 Fla. App. LEXIS 27793
Downey, Letts, Walden

Garey v. State

Opinion of the Court

PER CURIAM.

The sole issue meriting discussion is the defendant’s contention that the trial court erroneously prevented the cross examination of a key witness concerning pending criminal charges. We reverse.

Several Florida decisions have held that a state’s witness may be cross examined on the basis of other pending criminal charges. Cowheard v. State, 365 So.2d 191 (Fla. 3d DCA 1978), cert. denied 374 So.2d 101 (Fla. 1979); Blanco v. State, 353 So.2d 602 (Fla. 3d DCA 1977); Stripling v. State, 349 So.2d 187 (Fla. 3d DCA 1977); Lee v. State, 318 So.2d 431 (Fla. 4th DCA 1975). Defense counsel here requested to make an inquiry with regard to pending charges against a key witness. Such impeachment is permitted to demonstrate the witness’s bias or motive. Accordingly, we reverse and remand for a new trial.

LETTS, C.J., and DOWNEY and WALDEN, JJ., concur.

Reference

Full Case Name
Paul Albert GAREY v. STATE of Florida
Cited By
3 cases
Status
Published