OLAS MOSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
OLAS MOSLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
569 So. 2d 832
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
During the appellant’s trial for trafficking in cocaine, the prosecutor improperly cross examined the appellant by asking him whether certain previous witnesses had been lying. Such questioning is improper, and the trial court erred in failing to sustain the defendant’s objection and in denying the defendant’s motion for a mistrial. Boatwright v. State, 452 So. 2d 666 (Fla. 4th DCA 1984). Accordingly, the case is reversed and remanded for a new trial.
LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Rhue v. State, 603 So. 2d 613 (Fla. 2d DCA 1992)…ng which appellant was asked “if he thought the child was making up the story,” and when the state asked him on cross-examination if the child was lying. Under certain circumstances, such questioning can constitute reversible error. Mosley v. State, 569 So. 2d 832 (Fla. 2d DCA 1990). A third claim concerns the admission into evidence of a taped statement given by the child prior to the trial. As a trial exhibit, this tape was allowed into the jury room where, conceivably, its replay could place undue emphasi…
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Rhue v. State, 693 So. 2d 567 (Fla. 2d DCA 1996)…timony. The prosecutor also elicited testimony from the appellant that, from the victim’s voice, it sounded as if he was telling the truth on his tape-recorded statement to police. Trial counsel did not object to those questions. In Mosley v. State, 569 So. 2d 832 (Fla. 2d DCA 1990), this court held that it was improper to ask a defendant at trial whether previous witnesses had been lying. In the instant order denying postconvietion relief, the trial court ruled that Mosley had not been decided at the time of…
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Ira Toomer v. State, 599 So. 2d 780 (Fla. 3d DCA 1992)…PER CURIAM. Ira Toomer appeals his conviction and sentence for attempted robbery and attempted battery. We affirm. It was, as the defense contends, impermissible for the State to ask a witness if another witness is lying. Mosley v. State, 569 So. 2d 832 (Fla. 2d DCA 1990); Whitfield v. State, 549 So. 2d 1202 (Fla. 3d DCA 1989); Boatwright v. State, 452 So. 2d 666 (Fla. 4th DCA 1984). The objection was correctly sustained, and there was no abuse of discretion in the denial of the motion for mistrial…
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