JAMES ROME, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Morrison v. State, 818 So. 2d 432 (Fla. 2002)
  …to prove by the witness in answer to the objectionable question, so that the court below, and subsequently this court, can determine whether or not the proposed evidence would be material. Otherwise the error is not made to appear.”); Nava v. State, 450 So. 2d 606, 609 (Fla. 4th DCA 1984) (purpose of requiring proffer is so that on appellate review the court will not be required to speculate on the excluded evidence). . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). . Sandra Brown i…
• Holmes v. Bridgestone/Firestone, Inc., 891 So. 2d 1188 (Fla. 4th DCA 2005)
  …urpose of a proffer, or offer of proof, is to demonstrate to an appellate court a real error, not an imaginary or speculative one. Ehrhardt, Florida Evidence, § 104.3 (2002 ed.), citing Jacobs v. Wainwright, 450 So. 2d 200 (Fla.1984); Nava v. State, 450 So. 2d 606 (Fla. 4th DCA 1984). Although the safest practice would be to proffer the actual evidence, an oral proffer may be sufficient, particularly if there is no dispute as to what the evidence would have been. O’Shea v. O’Shea, 585 So. 2d 405 (Fla. 1st DCA…
• Brazell v. State, 532 So. 2d 50 (Fla. 4th DCA 1988)
  …ect appellant’s claim of error in the trial court’s exclusion of a witness called by the appellant whose name had not been furnished in discovery. However, in doing so, we certify the same issue of great public importance certified in Nava v. State, 450 So. 2d 606 (Fla 4th DCA 1984), cause dismissed, 508 So. 2d 14 (Fla.1987): Is a defendant who fails to proffer or otherwise establish on the record the nature of the testimony of a witness, whose identity has not properly been disclosed to the state, foreclos…

Authorities Cited

• Taylor v. State, 444 So. 2d 931 (Fla. 1983)