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574 So. 2d 1194

Paul v. State

District Court of Appeal of Florida

Decided February 12, 1991

District Court of Appeal of Florida · decided 1991-02-12

Cited by 1 later decisions — most recently December 1999

1 state decisions

Key passage — most relied on by later courts

“The statements Penn's counsel tried to introduce went beyond the scope of direct examination and would have tended to bolster Penn's theory of defense that he was too intoxicated by drugs to know what he was doing. This theory was clearly a defensive matter, and Penn could and should have developed it by calling his own witnesses.”

quoted by 1 later decision, including 747 So. 2d 1021 - Diaz v. State

Relies on Steinhorst v. State · 574 So. 2d 1079 - Penn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-02-12

View the full empirical analysis of this case →

¶1ON MOTION FOR REHEARING

JORGENSON, Judge.

¶2We grant the state’s motion for rehearing, withdraw the opinion previously issued in this case, and substitute the following opinion in its place.

¶3Charles Paul appeals from a final judgment of conviction and sentence for second-degree murder with a firearm. We affirm.

¶4On appeal, Paul contends that the trial court impermissibly thwarted his cross-examination of an adverse witness and denied him his constitutional right to confront that witness. We disagree. The statements Paul sought to elicit went beyond the scope of direct examination and would have tended to bolster his defense theory. As the theory was a defensive matter, Paul should have developed it by calling his own witness. See Penn v. State, 574 So.2d 1079 (Fla.1991); Steinkorst v. State, 412 So.2d 332 (Fla.1982). Because we hold that the trial court properly restricted cross-examination under Penn, we do not reach the state’s alternative rationale for excluding the testimony, namely that the statement sought to be elicited was rank hearsay that did not fall within any of the exceptions to the hearsay rule.

¶5As to Paul’s remaining points on appeal, we find no merit.

¶6Affirmed.

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