WILLIAM HERMAN DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1980-02-13
No. 78-644/T4-77
DAUKSCH, C. J., and COBB, J., concur.
379 So. 2d 1017 Florida District Court of Appeal, Fifth District (1980) Positive Treatment
Cited by 2 cases

Opinion of the Court
SHARP, Judge.

SHARP, Judge.

The appellant appeals his conviction of armed robbery. He was tried with Ulysses Holt, and the issues and facts of this ease are set forth in Holt v. State, 378 So. 2d 106 (Fla. 5th DCA 1980). The State’s case against the appellant was somewhat stronger than that against Holt. However, because of the extent and nature of the rulings which truncated appellant’s right to cross-examine the key prosecution witness, Gwendolyn Tisdale, we reverse the conviction and remand for a new trial. Cowheard v. State, 365 So. 2d 191 (Fla. 3rd DCA 1978); Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974).

REVERSED AND REMANDED FOR NEW TRIAL.

DAUKSCH, C. J., and COBB, J., concur.


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  • Jollie v. State, 405 So. 2d 418 (Fla. 1981)
    …urt’s affirmance of Murray’s conviction. Other cases involving this very legal issue were pending in the Fifth District. Shortly after the Murray decision was published, the court entered orders summarily disposing of three of them—Knight v. State, 379 So. 2d 1017 (Fla. 5th DCA 1980), Allen v. State, 380 So. 2d 541 (Fla. 5th DCA 1980), and Jollie v. State, 381 So. 2d 351 (Fla. 5th DCA 1980). Each of these dispositions read simply: “Affirmed. See Murray v. State [citation].” Petitions for certiorari were fil…
  • Knight v. State, 401 So. 2d 1333 (Fla. 1981)
    …ADKINS, Justice. We have for review a decision of the District Court of Appeal, Fifth District (Knight v. State, 379 So. 2d 1017 (Fla. 5th DCA 1980)), which allegedly conflicts with other decisions which place a mandatory duty upon the trial court to instruct on the penalties when so requested by the defendant. Petitioner Knight was charged with breaking and entering and gra…

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