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Garey v. State

District Court of Appeal of Florida, Fourth District
Jun 15, 1983
432 So. 2d 796 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-1709.

June 15, 1983.

Appeal from the Circuit Court for Broward County, Miette K. Burnstein, J.

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellee.


The sole issue meriting discussion is the defendant's contention that the trial court erroneously prevented the cross examination of a key witness concerning pending criminal charges. We reverse.

Several Florida decisions have held that a state's witness may be cross examined on the basis of other pending criminal charges. Cowheard v. State, 365 So.2d 191 (Fla. 3d DCA 1978), cert. denied 374 So.2d 101 (Fla. 1979); Blanco v. State, 353 So.2d 602 (Fla. 3d DCA 1977); Stripling v. State, 349 So.2d 187 (Fla. 3d DCA 1977); Lee v. State, 318 So.2d 431 (Fla. 4th DCA 1975). Defense counsel here requested to make an inquiry with regard to pending charges against a key witness. Such impeachment is permitted to demonstrate the witness's bias or motive. Accordingly, we reverse and remand for a new trial.

LETTS, C.J., and DOWNEY and WALDEN, JJ., concur.


Summaries of

Garey v. State

District Court of Appeal of Florida, Fourth District
Jun 15, 1983
432 So. 2d 796 (Fla. Dist. Ct. App. 1983)
Case details for

Garey v. State

Case Details

Full title:PAUL ALBERT GAREY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 15, 1983

Citations

432 So. 2d 796 (Fla. Dist. Ct. App. 1983)

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