Carmichael v. State

District Court of Appeal of Florida

Decided April 3, 1996

District Court of Appeal of Florida · decided 1996-04-03

Cited by 2 later decisions — most recently March 2000

2 state decisions

Key passage — most relied on by later courts

“evidence tending to establish that a witness appearing [sic] before the State for any reason other than to tell the truth should not be kept from the jury.”

quoted by 1 later decision, including 754 So. 2d 784 - Lavin v. State

Relies on 475 So. 2d 682 - Florida Bar Standard Jury Instructions Civil 85-1 · 464 So. 2d 640 - Wooten v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-04-03

View the full empirical analysis of this case →

PER CURIAM.

¶1The 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).

¶2Reversed.