JAMES WERNER DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Daniels appeals his conviction for possession and sale of phencyclidine, arguing the trial court violated his Sixth Amendment right to confront witnesses by preventing cross-examination of the chief prosecution witness about his juvenile probation status. The court agrees and reverses, holding that a defendant may question a key prosecution witness regarding juvenile probationary status to show bias.
Yes. A defendant has the constitutional right to question a key prosecution witness about his juvenile probationary status to show bias and possible motive to testify to please authorities who have discretion over his probationary status. State interests in confidentiality of juvenile records cannot override this constitutional right.
[1] A criminal defendant has a Sixth Amendment right to confront witnesses, which includes the right to question a key prosecution witness about their status as a juvenile pr…
[2] A juvenile witness's probationary status has probative value to show a motive to testify favorably to authorities who have discretion over that status.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a criminal defendant, under the Sixth Amendment right to confront witnesses, may question a key prosecution witness about his status as a juvenile probationer to show bias”
Establishes the constitutional foundation for the right that the trial court violated.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSheriff's deputies investigating drugs at Naples High School used Lou Graham, a juvenile informant, to make purchases. Graham had been adjudicated del…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sixth Amendment Right To Confront Witnesses cases and more on FLexlaw
RYDER, Judge.
Daniels appeals his convictions for possession and sale of phencyclidine, alleging that the court erred by prohibiting him from cross-examining the chief prosecution witness to show bias because that witness was on juvenile probation. We agree that appellant has the right to show bias by the witness’ juvenile status, and we reverse.
While investigating the sale and use of drugs at Naples High School, Collier County sheriff’s deputies used one Lou Graham, a juvenile, as an informant. On April 10 and 11, 1978, Graham met with the deputies who, on each occasion, searched him and provided him with certain moneys. He was then followed to the Naples High School parking lot by the officers on both dates but, while Graham was in the parking lot, he was out of the sight of all law enforcement officers.
During appellant’s trial, Graham testified that on each of the two days in question, he purchased PCP (phencyclidine) from appellant. Only the testimony of Graham indicated that appellant possessed or sold drugs.
From discovery, appellant knew that Graham had been adjudicated a delinquent child several times, was then on probation, was incarcerated at the Fort Myers Detention Home, and had other charges pending against him during the period he was cooperating with the State. The court granted the State’s pretrial motion in limine to prevent appellant from questioning Graham before the jury about his juvenile record, probationary status, incarceration, or pending charges. Appellant was permitted to cross-examine Graham about possible inducements for him to testify, and Graham testified that authorities had agreed to drop a charge against him if he would cooperate and help make arrests at the high school.
The United States Supreme Court has held that a criminal defendant, under the Sixth Amendment right to confront witnesses, may question a key prosecution witness about his status as a juvenile probationer to show bias. Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974). In Davis, the prosecution witness, Green, was on probation for a juvenile offense. Green’s testimony was crucial in order to link the defendant to a burglary. Items from that burglary were found on Green’s property. The lower court permitted questioning of Green as to whether he was concerned that police might suspect him of the burglary, but the defendant was prohibited from making inquiry as to Green’s probationary status.
The Supreme Court noted that counsel had been permitted to ask the witness whether he was biased, but was unable to make a record from which to argue bias. The trial court thus denied effective cross-examination, a constitutional error uncured by a lack of prejudice. The Supreme Court also noted that State interest in maintaining confidentiality of juvenile records could not override the defendant’s constitutional interest in cross-examination of witnesses for bias.
We have previously held that a defendant should be afforded wide latitude to demonstrate bias or possible motive of the witness to testify as he has. Blair v. State, 371 So. 2d 224 (Fla.2d DCA 1979). We now hold, in accordance with Davis v. Alaska, supra, that this latitude includes questioning a juvenile who is a key prosecution witness about his juvenile probationary status, which has probative value to show that the witness had motive to testify so as to please authorities who have some discretion over his status.
REVERSED and REMANDED for new trial.
BOARDMAN, Acting C. J., and DAN-AHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Watts v. State, 450 So. 2d 265 (Fla. 2d DCA 1984)…the purpose of demonstrating the witness’s bias or motive for testifying for any reason other than to tell the truth. Garey v. State, 432 So. 2d 796 (Fla. 4th DCA 1983); Hannah; Moreno v. State, 418 So. 2d 1223 (Fla. 3d DCA 1982); Daniels v. State, 374 So. 2d 1166 (Fla. 2d DCA 1979); Cowheard v. State, 365 So. 2d 191 (Fla. 3d DCA 1978), cert. denied, 374 So. 2d 101 (Fla.1979). Denial of effective cross-examination in such circumstances constitutes constitutional error requiring reversal unless the error is ha…
-
Florencio Alvarez v. State, 467 So. 2d 455 (Fla. 3d DCA 1985)…s or statements of plea negotiations made to witness); Holt v. State, 378 So. 2d 106 (Fla. 5th DCA 1980) (error to preclude defense cross-examination of key prosecution witness as to details surrounding grant of immunity). See also Daniels v. State, 374 So. 2d 1166 (Fla. 2d DCA 1979). In addition, we find error in the trial court’s preclusion of cross-examination of both Chavez and Garcia intended to elicit that each had been convicted of felonies in Cuba prior to coming to the United States. Concededly, it h…
-
Scott v. State, 730 So. 2d 732 (Fla. 2d DCA 1999)…mitting a lewd and lascivious act in the presence of a child younger than 16 years of age. We conclude that the trial court erred in excluding evidence that the victim was on probation at the time of Scott’s trial and reverse. In Daniels v. State, 374 So. 2d 1166 (Fla. 2d DCA 1979), this court held that a juvenile who is a key prosecution witness may be questioned about his juvenile probationary status. Such evidence has probative [*733] value to show that the witness has motive to testify so as to please au…
Authorities Cited
- Davis v. Alaska, 415 U.S. 308 (U.S. 1974)
- Blair v. State, 371 So. 2d 224 (Fla. 2d DCA 1979)