IRA TOOMER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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.
While the detective’s testimony exceeded to some degree that which is permitted by State v. Baird, 572 So. 2d 904, 908 (Fla.1990), there was no objection to the statement about which defendant now complains. In view of the unobjected-to testimony, the solitary objected-to statement was cumulative.
Affirmed.
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Lyons v. State, 622 So. 2d 1173 (Fla. 3d DCA 1993)…PER CURIAM. Affirmed. State v. Delva, 575 So. 2d 643 (Fla.1991); Toomer v. State, 599 So. 2d 780 (Fla.3d DCA 1992).…
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Joseph v. State, 868 So. 2d 5 (Fla. 4th DCA 2004)…y were “not accurate.” It is clear that a prosecutor may not ask a witness whether another witness was lying. See Knowles v. State, 632 So. 2d [*8] 62, 65-66 (Fla.1993); Boatwright v. State, 452 So. 2d 666, 668 (Fla. 4th DCA 1984); Toomer v. State, 599 So. 2d 780 (Fla. 3d DCA 1992) (following Boatwright); McKinney v. State, 579 So. 2d 393 (Fla. 3d DCA 1991) (same); Mosley v. State, 569 So. 2d 832 (Fla. 2d DCA 1990) (same). All of these cases involve a direct question posed to a witness as to whether another…
Authorities Cited
- State v. Baird, 572 So. 2d 904 (Fla. 1990)
- Quinn v. Metro. Dade Cnty. Aviation Dep't, 452 So. 2d 666 (Fla. 3d DCA 1984)
- Olas Mosley v. State, 569 So. 2d 832 (Fla. 2d DCA 1990)
- Whitfield v. State, 549 So. 2d 1202 (Fla. 3d DCA 1989)
- Branch v. State, 549 So. 2d 1202 (Fla. 3d DCA 1989)