LAFOYA GARVEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-03-22
No. 3D99-2179
Before SCHWARTZ, C.J., and GODERICH and RAMIREZ, JJ.
754 So. 2d 130 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 4 cases
Topics
Improper Cross-Examination Curative Instruction Harmless Error

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The conviction below for aggravated battery with a knife is reversed for a new trial because the prosecutor improperly asked the defendant on cross-examination whether it was “true that you also have cut [another person] with a knife.” See Harris v. State, 427 So. 2d 234 (Fla. 3d DCA 1983); Ruiz v. State, 395 So. 2d 566 (Fla. 3d DCA 1981), review denied, 407 So. 2d 1106 (Fla.1981); Donaldson v. State, 369 So. 2d 691 (Fla. 1st DCA 1979); Cornatezer v. State, 736 So. 2d 1217 (Fla. 5th DCA 1999); Cooper v. State, 659 So. 2d 442 (Fla. 2d DCA 1995); Freeman v. State, 630 So. 2d 1225 (Fla. 4th DCA 1994). We reject the state’s arguments that only harmless error was involved and that the impropriety could be negated by a curative instruction. Harris, 427 So. 2d at 234; Ruiz, 395 So. 2d at 566.

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brooks v. State, 868 So. 2d 643 (Fla. 2d DCA 2004)
    …admissible in a criminal case when its sole relevance is to attack the character of the defendant.” Cornatezer v. State, 736 So. 2d 1217, 1218 (Fla. 5th DCA 1999); see also Dawkins v. State, 605 So. 2d 1329, 1330 (Fla. 2d DCA 1992); Garvey v. State, 754 So. 2d 130 (Fla. 3d DCA [*645] 2000); J.P. v. State, 546 So. 2d 753 (Fla. 3d DCA 1989); Finklea v. State, 471 So. 2d 596, 597 (Fla. 1st DCA 1985). Thus the question presented to us is whether Rosa’s nonresponsive remark — considered in the light of the trial c…
  • Marlin Juanito Ousley v. State, 763 So. 2d 1256 (Fla. 3d DCA 2000)
    …implicated by the error — whether the perpetrator alleged to be Ousley carried a gun during the incident— we cannot in conscience find that this is so. Robertson, — So. 2d at - [25 FLW at D900]; McFadden, 732 So. 2d at 412; see also Garvey v. State, 754 So. 2d 130 (Fla. 3d DCA 2000), and cases cited. A new trial is therefore required. Reversed and remanded.…

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