Florida District Courts of Appeal, 2011

Clairvin v. State

Clairvin v. State
Florida District Courts of Appeal · Decided February 4, 2011 · Evander, Jacobus, Monaco
56 So. 3d 854; 2011 Fla. App. LEXIS 1076; 2011 WL 335314 (Southern Reporter, Third Series)

Clairvin v. State

Opinion of the Court

PER CURIAM.

AFFIRMED. See Morton v. State, 689 So.2d 259, 264 (Fla. 1997), receded from in part on other grounds, Rodriguez v. State, 753 So.2d 29, 47 (Fla. 2000) (where witness gives both favorable and unfavorable testimony, party calling witness should usually be permitted to impeach witness with prior inconsistent statement; statement should be truly inconsistent and caution should be exercised in permitting impeachment of witness who has given favorable testimony but simply fails to recall every detail unless witness appears to be fabricating).

MONACO, C.J., EVANDER and JACOBUS, JJ., concur.

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