Florida District Courts of Appeal, 1996

Carmichael v. State

Carmichael v. State
Florida District Courts of Appeal · Decided April 3, 1996 · Fletcher, Gersten, Levy
670 So. 2d 1178; 1996 Fla. App. LEXIS 3340; 1996 WL 148997 (Southern Reporter, Second Series)

Carmichael v. State

Opinion of the Court

PER CURIAM.

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.

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