CARLISS M. JOHNSON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Hernandez v. State, 31 So. 3d 873 (Fla. 4th DCA 2010)
  …one commentator, the pivotal question is whether the “party [is] calling a witness with the reasonable expectation that the witness will testify [to] something helpful to the party’s case aside from the prior inconsistent statement.” Ruff v. State, 31 So. 3d 833, 837 (Fla. 4th DCA 2010) (quoting Richards, 843 So. 2d at 965 (emphasis omitted) (quoting 1 McCormick on Evidence § 38, at 142-43 (John W. Strong ed., 5th ed. 1999)). In the instant case, a review of Sherill’s entire trial testimony reflects that i…
• Felton v. State, 120 So. 3d 126 (Fla. 4th DCA 2013)
  …rt’s “eviden-tiary rulings for abuse of discretion. A judge’s discretion is limited by the rules of evidence and by the principles of stare [*129] decisis.” Gregory v. State, 118 So. 3d 770 (Fla. June 27, 2013) (citation omitted). In Ruff v. State, 31 So. 3d 833 (Fla. 4th DCA 2010), this court explained: [ 0]ur supreme court recognized that consistent with federal precedent, a risk of abuse occurs where a prosecutor calls a witness who has previously given a statement implicating the defendant but who has…
• Naraine Ramsammy v. State, 43 So. 3d 100 (Fla. 4th DCA 2010)
  …t to support the State’s prima facie case. Everett v. State, 530 So. 2d 413 (Fla. 4th DCA 1988) (finding error in the State’s use of a witness’s prior inconsistent statements as substantive evidence of the defendant’s guilt); see also Ruff v. State, 31 So. 3d 833 (Fla. 4th DCA 2010) (remanding for a new trial where the State used prior inconsistent statements as substantive evidence of guilt). The dissent also relies on Sochor v. State, 619 So. 2d 285 (Fla.1993), which we find distinguishable. In Sochor, th…

Authorities Cited

• Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007)