RICKEY HUGHES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Rickey Hughes was convicted of robbery and unlawful possession of a firearm. The Florida District Court of Appeal reversed his conviction because the trial court improperly restricted cross-examination of the state's key witness regarding the witness's reluctance to testify, violating Hughes's Sixth and Fourteenth Amendment rights.
The trial court erred in restricting cross-examination regarding the witness's reluctance to testify. Such restrictions violated the defendant's constitutional rights to cross-examine witnesses and deprived the jury of relevant, influential information that could discredit the witness.
[1] A trial court abuses its discretion by restricting defense counsel's cross-examination of a witness regarding their reluctance to testify.
[2] Cross-examination concerning a witness's motives, interest, or animus is permissible for the purpose of discrediting the witness.
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Join FLexlaw to unlock all legal intelligence“the trial court erred in restricting defense counsel in his cross-examination of the State's key witness, thereby depriving appellant of his sixth and fourteenth amendment rights”
Statement of the meritorious issue on appeal identifying the constitutional violation
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Join FLexlaw to unlock all legal intelligenceHughes was accused of robbery and unlawful firearm possession. The state's chief witness was the robbery victim, who had to be arrested and jailed to …
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HENDRY, Judge.
Appellant/defendant appeals his conviction and sentence for robbery and unlawful possession of a firearm during a criminal offense.
While appellant has raised three points on appeal, the only meritorious contention is as follows:
“Whether the trial court erred in restricting defense counsel in his cross-examination of the State’s key witness, thereby depriving appellant of his sixth and fourteenth amendment rights under the United States Constitution in addition to his rights under article I, section 16, of the Florida Constitution.”
We hold that the court did so err, and reverse appellant’s conviction and sentence, and remand the cause for a new trial.
Sub judice, the state’s chief witness, the victim of the robbery, had to be both arrested and jailed in order to secure his attendance as a witness. Defense counsel’s efforts to cross-examine the witness concerning his reluctance to testify was denied by the trial judge.
The Florida courts have long held that for the purpose of discrediting a witness, a wide range of cross-examination is permitted in the area of the witness’ motives, interest, and/or animus, as they relate to the cause or the parties. Nelson v. State, 99 Fla. 1032, 128 So. 1 (1930); Kirkland v. State, 185 So. 2d 5 (Fla.2d DCA 1966). In disallowing inquiry into the area of the witness’ hesitancy to testify, it is our opinion that the trial judge abused his discretion and arguably deprived the jury of influential information. McDuffie v. State, 341 So. 2d 840 (Fla.2d DCA 1977); Stradtman v. State, 334 So. 2d 100 (Fla.3d DCA 1976).
Accordingly, appellant’s conviction and sentence are reversed and remanded for new trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nelson v. State, 99 Fla. 1032 (Fla. 1930)
- McDUFFIE v. State, 341 So. 2d 840 (Fla. 2d DCA 1977)
- Kirkland v. State, 185 So. 2d 5 (Fla. 2d DCA 1966)
- Luckie Stradtman v. State, 334 So. 2d 100 (Fla. 3d DCA 1976)