ROBERT S. PAGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1983-02-16
No. 82-1180
DANAHY and SCHOONOVER, JJ., concur.
436 So. 2d 153 Florida District Court of Appeal, Second District (1983) Positive Treatment
Cited by 3 cases
Opinion of the Court
HOBSON, Acting Chief Judge.

HOBSON, Acting Chief Judge.

We reverse on authority of Hall v. Oakley, 409 So. 2d 93 (Fla. 1st DCA 1982). However, we find the issue raised in Hall and this case concerning impeachment of a defendant to be a question of great public importance. We therefore certify the following question pursuant to article V, section 3(b)(4), Florida Constitution (1972):

WHETHER THE STATE IS PREVENTED BY SECTION 90.610(1), FLORIDA STATUTES (1981), FROM IMPEACHING A DEFENDANT BY USE OF A PRIOR PETIT THEFT CONVICTION WITHOUT SHOWING THAT SUCH CRIME INVOLVES SOME ELEMENT OF DECEIT, UNTRUTHFULNESS, OR FALSIFICATION BEARING UPON THE DEFENDANT’S CAPACITY TO TESTIFY TRUTHFULLY.

DANAHY and SCHOONOVER, JJ., concur.

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  • City OF Orlando v. Desjardins, 493 So. 2d 1027 (Fla. 1986)
    …tion under either the work product doctrine or the attorney-client privilege prompted the exemption’s enactment. Neu v. Miami Herald Publishing Co., 462 So. 2d 821 (Fla.1985); Orange County; Hillsborough County Aviation v. Azarelli Construction Co., 436 So. 2d 153 (Fla. 2d DCA 1983); Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA 1982), review denied, 426 So. 2d 27 (Fla.1983). Each of these courts noted the imbalanced posture and the disadvantaged status of public entities involved in litigation under the Pub…
  • State v. Page, 449 So. 2d 813 (Fla. 1984)
    …McDonald, justice. This cause is before the Court on petition for review of a district court of appeal decision, Page v. State, 436 So. 2d 153 (Fla. 2d DCA 1983). The district court certified the following question as one of great public importance: WHETHER THE STATE IS PREVENTED BY SECTION 90.610(1), FLORIDA STATUTES (1981), FROM IMPEACHING A DEFENDANT BY USE OF A PRIOR PETIT THEFT CONVI…
  • Orange Cnty. v. Fla. Land Co., 450 So. 2d 341 (Fla. 5th DCA 1984)
    …t the work-product privilege does not apply to the Public Records Act and hence does not preclude access to documents otherwise subject to inspection under the Act. See also Hillsborough County Aviation Authority v. Azzarelli Construction Co., Inc., 436 So. 2d 153 (Fla. 2d DCA 1983); City of Williston v. Roadlander, 425 So. 2d 1175 (Fla. 1st DCA 1983); Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA 1982). The court in Wait stated that no statutory exemption for work-product exists in the Act and if such commo…

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