ROBERT HENRY SADLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Fair Play cases and more on FLexlaw
COBB, Judge.
This case is directly controlled by our prior opinion in Deel v. State, 481 So. 2d 15 (Fla. 5th DCA 1985), review denied, 488 So. 2d 831 (Fla.1986). See also, Baeza v. State, 489 So. 2d 36 (Fla. 4th DCA), review denied, 496 So. 2d 142 (Fla.1986). Here, as in Deel, the prosecution introduced expert medical testimony indicating that the hymen of the minor victim had been ruptured by sexual activity. The prosecution then successfully objected to proffered defense evidence which indicated that the injury (rupture) could have been caused by earlier sexual activity with a person other than the defendant. The exclusion of such rebuttal evidence contravenes both section 794.-022(2), Florida Statutes (1985) and substantive due process of law, i.e., fair play.
REVERSED AND REMANDED FOR NEW TRIAL.
UPCHURCH, C.J., and SHARP, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lillyman v. Dep't OF Hwy. Safety & Motor Vehicles, 645 So. 2d 113 (Fla. 5th DCA 1994)…ony. See, e.g., Young v. State, 522 So. 2d 540 (Fla. 3d DCA 1988) (remand for new trial required where court improperly restricted defendant’s cross-examination of key prosecution witness on matters crucial to witness’ credibility); Sadler v. State, 509 So. 2d 1139 (Fla. 5th DCA 1987) (precluding defense from proffering rebuttal testimony violates substantive due process and fair play, so case remanded for new trial); Kelly v. State, 425 So. 2d 81 (Fla. 2d DCA 1982) (denial of right to explore on cross-examina…
-
McGRIFF v. State, 601 So. 2d 1320 (Fla. 2d DCA 1992)…defendant was not the source of the victim’s injury where there is testimony about the victim’s abnormal genitalia. In the Interest of K.C., 582 So. 2d 741 (Fla. 4th DCA 1991); Skipper v. State, 537 So. 2d 1138 (Fla. 5th DCA 1989); Sadler v. State, 509 So. 2d 1139 (Fla. 5th DCA 1987); Deel v. State, 481 So. 2d 15 (Fla. 5th DCA 1985), review denied, 488 So. 2d 831 (Fla.1986). Generally, the refusal of the trial court to allow a proffer prevents a determination of the propriety of the trial court’s ruling and i…
-
Antoine Chery v. Nat'l Union Fire Ins. Co. OF Pittsburgh, PA, 616 So. 2d 505 (Fla. 3d DCA 1993)…PER CURIAM. Affirmed. St. Paul Mercury Insurance Co. v. MacDonald, 509 So. 2d 1139 (Fla. 2d DCA), review denied, 518 So. 2d 1276 (Fla.1987); § 627.727(1), Fla.Stat. (1989).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Deel v. State, 481 So. 2d 15 (Fla. 5th DCA 1985)
- Baeza v. State, 489 So. 2d 36 (Fla. 4th DCA 1986)