RANDOLPH DUKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant Dukes was convicted of robbery after trial testimony from three defense witnesses about the state's key witness's bias was excluded. The appellate court reversed, holding that excluding corroborating testimony about the witness's motive to lie violated the defendant's right to impeach credibility.
The trial court erred in excluding the inmates' testimony. Evidence of bias or prejudice is relevant to impeach witness credibility, and the defendant should not have been prevented from presenting corroborating testimony to demonstrate the cellmate's motive to lie, particularly where both the defendant's and cellmate's credibility were critical issues.
[1] Evidence tending to show a witness's bias is relevant to the witness's credibility.
[2] A defendant should not be prevented from presenting corroborating testimony regarding a witness's bias when the defendant's credibility and the witness's credibility are…
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Join FLexlaw to unlock all legal intelligence“Bias or prejudice of a witness has an important bearing on his credibility, and evidence tending to show such bias is relevant.”
Establishes the legal standard that evidence of bias is relevant to challenge witness credibility, derived from Webb v. State.
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Join FLexlaw to unlock all legal intelligenceAt trial, the state presented testimony from defendant's former cellmate that defendant had confessed to the robbery and described the crime. Defendan…
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LEHAN, Judge.
Defendant appeals his conviction for robbery after a trial in which testimony of certain defense witnesses was excluded. We reverse.
At trial one of the state’s witnesses was a former cellmate of defendant who testified that defendant had admitted to him committing the robbery and had given him a description of the crime which occurred in a restaurant restroom. When defendant took the stand, defendant denied the crime and testified that the former cellmate had motivation to lie about defendant’s alleged confession because he and the former cellmate had had a sexual relationship when previously in jail together and, during their most recent incarceration together, defendant had rebuffed the cellmate’s advances and refused to rekindle the relationship. Defendant also testified that the cellmate had had the chance to see some of defendant’s legal papers relating to the robbery case and therefore would have been able to learn from that source rather than from defendant himself the facts of the crime that were supposedly given in defendant’s confession to the cellmate.
Defendant then proffered the testimony of three inmates of the Lee County jail who could testify about the cellmate’s opportunity to see defendant’s legal papers and about scenes they had witnessed between defendant and the cellmate relative to the alleged motivation of the cellmate to lie at trial. The trial court excluded the testimony of the three inmates. Defendant appeals that ruling.
The credibility of a witness may be attacked by showing that the witness is biased. § 90.608(l)(b), Fla.Stat. (1981). As this court stated in Webb v. State, 336 So. 2d 416, 418 (Fla.2d DCA 1976), in concluding that the testimony of a defense witness had been wrongfully excluded, “Bias or prejudice of a witness has an important bearing on his credibility, and evidence tending to show such bias is relevant.” The state argues that the proffered testimony was unnecessary because it was cumulative to defendant’s own testimony. However, we do not believe that under the facts of this case defendant, whose credibility as well as that of his former cellmate was a critical issue, should have been prevented from presenting corroborating testimony. See Russo v. State, 418 So. 2d 483 (Fla.2d DCA 1982).
The state argues that any error in excluding the testimony was harmless. We do not agree. The evidence of guilt was by no means overwhelming. In addition to attacking the confession testimony, defendant presented an alibi defense which was corroborated by three other witnesses (his mother, sister, and girl friend). Other than the former cellmate and an investigative police officer, the state presented only the testimony of the robbery victim. The victim identified defendant as the robber, having initially identified defendant from police photographs. The victim testified that the robber had grabbed him from behind and that his only view of the robber was as the robber was running away. The victim’s testimony contained contradictions relative to whether he had known defendant’s name before hearing it from a bystander, and he testified that the last time his eyes were checked he was told, “You can’t see too good.” See Webb v. State, supra.
REVERSED AND REMANDED FOR A NEW TRIAL.
BOARDMAN, A.C.J., and SCHEB, J., concur.
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Gamble v. State, 492 So. 2d 1132 (Fla. 5th DCA 1986)…08(l)(a), Fla.Stat. (1983); 90.614(2), Fla. Stat. (1983). . Myers v. State, 43 Fla. 500, 31 So. 275 (1901); Gelabert v. State, 407 So. 2d 1007 (Fla. 5th DCA 1981). . § 90.608(1)(d); Padgett v. State, 64 Fla. 389, 59 So. 946 (1912); Dukes v. State, 442 So. 2d 316 (Fla. 2d DCA 1983); Holt v. State, 378 So. 2d 106 (Fla. 5th DCA 1980). . Collins v. State, 423 So. 2d 516 (Fla. 5th DCA 1982). . Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974); Greene v. McElroy, 360 U.S. 474, 79 S.Ct. 1400, 3…
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Livigni v. State, 725 So. 2d 1150 (Fla. 2d DCA 1998)…discovery violation. This error was not harmless because the aggravated battery charge turned on a credibility contest between the defendant and the victim, and the excluded witness would have impeached the victim’s credibility. See Dukes v. State, 442 So. 2d 316, 317 (Fla. 2d DCA 1983) (error not harmless where trial court excluded defense witness whose testimony would have supported the defendant’s credibility). Furthermore, even if a discovery violation had been demonstrated, the severe sanction of witnes…
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Stewart v. State, 622 So. 2d 51 (Fla. 5th DCA 1993)…e defendant argues that the statements show bias or motive on Tracy’s part to change her testimony to protect herself and her children, and therefore were admissible to show motive. In support of his argument, the defendant cites to Dukes v. State, 442 So. 2d 316 (Fla. 2d DCA 1983), where the Second District found reversible error in the preclusion of testimony from defense witnesses that corroborated the defendant’s assertion that the state’s witness had motivation to lie about the defendant’s alleged confe…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Webb v. State, 336 So. 2d 416 (Fla. 2d DCA 1976)
- Russo v. State, 418 So. 2d 483 (Fla. 2d DCA 1982)