KENNETH

v.

HEMMERLE, SR., APPELLANT, V. THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SUNRISE SAVINGS AND LOAN ASSOCIATION, APPELLEE

Citator

Cited By (11 total)

• DeFREITAS v. State, 701 So. 2d 593 (Fla. 4th DCA 1997)
  …a. 2d DCA 1983); cf. Bozeman v. State, 698 So. 2d 629 (Fla. 4th DCA 1997). Moreover, even when a defendant places a character trait in issue, it is erroneous for the state to rebut this evidence with specific acts of misconduct. See Dupont v. State, 556 So. 2d 457 (Fla. 4th DCA 1990) (citing Cornelius v. State, 49 So. 2d 332, 335 (Fla.1950)); Weitz, 510 So. 2d at 1061. The defense lawyer attempted to interpose an objection to these improper questions, but defendant responded before the trial court could rule…
• Lawson v. State, 651 So. 2d 713 (Fla. 2d DCA 1995)
  …this testimony. Additionally, a witness’ answer during cross-examination to a nonmaterial collateral matter is conclusive and cannot be impeached by normal means of impeachment, including contradictory testimony by another witness. Dupont v. State, 556 So. 2d 457 (Fla. 4th DCA 1990). “The test is whether the proposed testimony can be admitted into evidence for any purpose independent of the contradictions.” Dupont, 556 So. 2d at 458. Two types of evidence pass this test: (1) facts relevant to a particular is…
• Mariano v. State, 933 So. 2d 111 (Fla. 4th DCA 2006)
  …ent of the contradictions. There are two types of evidence that pass this test: (1) facts relevant to a particular issue; and (2) facts which discredit a witness by pointing out the witness’ bias, corruption, or lack of competency.” Dupont v. State, 556 So. 2d 457, 458 (Fla. 4th DCA 1990). In Dupont, the defendant was charged with battery based on a fistfight. His defense was self-defense. On cross-examination Dupont denied verbally threatening the victim in an elevator during a court recess of the trial. Th…