DERINDA EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Derinda Edwards appeals her conviction for aggravated battery with a deadly weapon. The Florida Fourth District Court of Appeal affirmed her conviction, rejecting her arguments regarding cross-examination about the victim's drug history, testimony regarding her prior bad acts, and evidence of the victim's injuries.
The trial court did not err on any of these grounds. First, the court declined to extend cross-examination latitude to permit questioning about prior drug use without expert testimony on its effects on memory and perception. Second, appellant's prior bad acts testimony was properly admitted on redirect after appellant opened the door despite warning from the trial court. Third, while testimony regarding injury details may have been technically erroneous, it was harmless error that did not affect the verdict.
[1] Cross-examination of a witness regarding drug addiction and treatment is permissible to show interest, opportunity for observation, disposition to speak truthfully, and a…
[2] Evidence of a witness's past drug use or treatment is generally inadmissible to impeach credibility without expert testimony on the drug's effect on memory and perception…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When testimony about a witness' past use or misuse of drugs is introduced to discredit the memory and perception of that witness without the benefit of expert medical or psychiatric explanation concerning the effect of drug use on memory and perception, the jury is permitted to draw uninformed and uneducated medical conclusions which they as lay persons are clearly unqualified to do.”
Establishes the rationale for refusing to extend cross-examination latitude to prior drug use without expert testimony.
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Join FLexlaw to unlock all legal intelligenceEdwards was charged with aggravated battery with a deadly weapon. At trial, she cross-examined a state witness, James Jackson, about an incident where…
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HERSEY, Chief Judge.
Appellant was charged by information with aggravated battery with a deadly weapon. She was tried by a jury, found guilty and now appeals her conviction, asserting first that the trial court erred in denying her the opportunity to cross-examine the victim regarding the victim’s drug addiction and treatment.
It is beyond question that great latitude is allowed the defense in the cross-examination of a witness in order to show interest, opportunity for observation, disposition to speak truthfully and ability to speak accurately. Killingswortk v. State, 90 Fla. 299, 105 So. 834 (1925); Cruz v. State, 437 So. 2d 692 (Fla. 1st DCA 1983); § 90.608(l)(d), Fla.Stat. (1985).
This latitude has been extended to permit the introduction of evidence for purposes of impeachment, that a witness took drugs either when testifying or at the time of the incident involved. Nelson v. State, 99 Fla. 1032, 128 So. 1 (1930).
Appellant asks this court to further extend the rule to permit cross-examination of the victim to show that her drug use and treatment, which occurred prior to the time of the offense, adversely or detrimentally affected her recollection of the events in question.
The jury is the ultimate fact finder and in performing that role makes determinations as to the credibility of each witness that takes the stand. When testimony about a witness’ past use or misuse of drugs is introduced to discredit the memory and perception of that witness without the benefit of expert medical or psychiatric explanation concerning the effect of drug use on memory and perception, the jury is permitted to draw uninformed and uneducated medical conclusions which they as lay persons are clearly unqualified to do. Indeed, there does not even appear to be consensus in the medical community about the long-term effects of drug use. We therefore decline to extend the scope of cross-examination in this area and hold that the trial court did not err in excluding this testimony. But see Cruz v. State, 437 So. 2d 692 (Fla. 1st DCA 1983); Morrell v. State, 335 So. 2d 836 (Fla. 1st DCA 1976).
Appellant’s next claim is that the trial court erred in overruling her objections to testimony regarding appellant’s prior bad acts.
At trial appellant cross-examined a state’s witness, James Jackson, about an incident where another man, while shooting at appellant, had missed, and had instead shot and killed Jackson’s friend.
The testimony was elicited to bring out Jackson’s alleged bias toward appellant. Appellant asked that the state be prevented from bringing out the fact that she had, prior to the shooting, pulled a knife on the man in the prior incident.
The trial court ruled that cross-examination of Jackson on this incident would “open the door” for the state to inquire further on redirect. In spite of this ruling, appellant proceeded with the proposed testimony and, predictably, the state, on redirect, brought out the fact that appellant had a knife in the prior incident. There was no error in permitting the testimony on redirect. Appellant had sufficient warning from the trial court that she would “open the door” if she brought up the prior incident. Appellant cannot initiate error and then seek reversal based on that error. United States v. Trujillo, 714 F. 2d 102 (11th Cir.1983); Pope v. State, 44Í So. 2d 1073 (Fla.1983).
Appellant's final claim is that the trial court erred in permitting two police officers and the attending doctor to testify as to the details and extent of the victim’s injuries. Appellant claims that this was error because appellant was charged with aggravated battery committed with a deadly weapon, section 784.045(l)(b), Florida Statutes (1985), rather than aggravated battery by intentionally causing great bodily harm, section 784.045(l)(a), Florida Statutes (1985), and that only the latter requires evidence of the injuries inflicted. While admitting testimony regarding the nature and extent of the victim’s injuries may have been error, it was nonetheless harmless and cannot be said to have affected the verdict. See Lee v. State, 444 So. 2d 580 (Fla. 5th DCA 1984).
AFFIRMED.
LETTS and GLICKSTEIN, JJ., concur.
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Derinda Edwards v. State, 548 So. 2d 656 (Fla. 1989)…OVERTON, Justice. We have for review Edwards v. State, 530 So. 2d 936 (Fla. 4th DCA 1988), in which the district court held that Edwards was not entitled to cross-examine the aggravated battery victim regarding her past drug use and treatment. The victim had used drugs and had undergone treatment for drug use years pr…
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D.C. v. State, 567 So. 2d 998 (Fla. 1st DCA 1990)…me harm. Other courts have found such proof irrelevant when the state charges aggravated battery, not based on great bodily harm, but on the use of a deadly weapon. See, Lee v. State, 444 So. 2d 580, 581 (Fla. 5th DCA 1984); accord Edwards v. State, 530 So. 2d 936, 938 (Fla. 4th DCA 1988), affirmed 548 So. 2d 656 (Fla.1989). We therefore find that, based on the foregoing authorities, there was insufficient evidence to support the trial court’s conclusion that the deodorant as used in this case was a deadly w…
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T.B. v. State, 669 So. 2d 1085 (Fla. 4th DCA 1996)…Evidence depicting the extent of victim injury is often excludable where an aggravated battery is charged only by use of a weapon and not on the alternative basis of inflicting victim injury or disfigurement. See generally Clark; Edwards v. State, 530 So. 2d 936, 938 (Fla. 4th DCA 1988), approved, 548 So. 2d 656 (Fla.1989); Webb v. State, 609 So. 2d 728 (Fla. 5th DCA 1992); Gissendanner v. State, 570 So. 2d 421 (Fla. 1st DCA 1990). However, in this case, the evidence may be relevant for several purposes, in…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nelson v. State, 99 Fla. 1032 (Fla. 1930)
- Killingsworth v. State, 90 Fla. 299 (Fla. 1925)
- United States v. Trujillo, 714 F.2d 102 (11th Cir. 1983)
- Truman P. Morrell v. State, 335 So. 2d 836 (Fla. 1st DCA 1976)
- Cruz v. State, 437 So. 2d 692 (Fla. 1st DCA 1983)
- LEE v. State, 444 So. 2d 580 (Fla. 5th DCA 1984)