ANTHONY CLIBURN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-04-24
No. 96-03744
CAMPBELL, A.C.J., and FRANK, J., concur.
710 So. 2d 669 Florida District Court of Appeal, Second District (1998) Negative Treatment
Cited by 22 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Anthony Cliburn was convicted by jury of burglary and violating a domestic violence injunction. The appellate court affirmed his conviction on the domestic violence injunction charge but reversed his burglary conviction, holding that the trial court erred in excluding evidence of the victim's prior false police report, which was critical to assessing the credibility of the State's only witness to the burglary.


Holding

The domestic violence conviction is affirmed because Cliburn's own testimony admitted the violation, making any evidentiary errors harmless. The burglary conviction is reversed because the trial court erred in excluding evidence of the victim's prior false police report, which was admissible to impeach the credibility of the State's sole witness to the charged crime and to show possible bias or motive to testify untruthfully.


Headnotes

[1] A conviction for violating a domestic violence injunction will be affirmed when the defendant admits to the violation while testifying.

[2] A burglary conviction must be reversed and remanded for a new trial when the trial court improperly limits testimony that could cast doubt on the victim's credibility and…

Previewing 2 of 6 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

Key Quotes

“the credibility of such a witness is a crucial issue”

Establishes the foundational principle that when a witness is the State's only witness to a crime, their credibility is paramount and must be fully examinable

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Cliburn was accused of burgling his former girlfriend's apartment and violating a domestic violence injunction against him. The victim testified that …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

A jury convicted Anthony Cliburn of burgling his former girlfriend’s apartment and of violating a domestic violence injunction she had obtained against him. Cliburn challenges these convictions based on alleged evidentiary errors at his trial. We first note that Cliburn took the stand and admitted violating the domestic violence injunction. In the face of his testimony about this crime, the alleged errors were harmless. Accordingly, we affirm his conviction on that charge.

The evidence about the burglary charge was in conflict, and boiled down to a credibility contest between Cliburn and the victim. She testified that he broke into her apartment before she arrived home; he claimed that he waited outside her apartment until she returned home and invited him in. In this regard we hold that the circuit court erred when it limited testimony about the victim that could have cast doubt on her credibility and revealed a motive for her to testify untruthfully. We reverse the burglary conviction and remand for a new trial on that charge.

Before Cliburn’s trial, the court granted the State’s motion in limine to exclude evidence that the victim had met with Cliburn following his arrest and release on bond, and that she had previously filed a false kidnapping charge against another boyfriend. During cross-examination of the victim at trial, Cliburn’s counsel proffered the excluded testimony. Under questioning outside the jury’s presence, the victim admitted that in 1987 she told the Jacksonville police that her live-in companion had put a gun in her mouth. She later made a written statement confessing that what she had told the police was not true. As a result, she had been jailed for filing a false police report. The victim also conceded that she had met Cliburn several times after his release on bond, and had sexual relations with him. She denied telling Cliburn that she could not tell the truth in this case because of the problems she encountered after filing the false report in 1987.

The defense also proffered Cliburn’s testimony on this subject. He stated that he met with the victim two times after he was released on bond. During the first encounter, she agreed to contact his attorney and resolve the pending charges. But at the second meeting, the victim said that she could not tell the truth about Cliburn because she had previously filed a false police report.

The victim was the prosecution’s key witness on the burglary charge. In fact, she was the State’s only witness to the events constituting the charged crime. As we noted in Williams v. State, 386 So. 2d 25, 26 (Fla. 2d DCA 1980), the credibility of such a witness is a crucial issue. In that case, we held that the trial court erred when it refused to allow defense counsel to impeach the State’s key witness by showing that she had made a false statement to police on a previous occasion. Id. at 26-27. Moreover, in Jaggers v. State, 536 So. 2d 321, 327 (Fla. 2d DCA 1988), where the witness previously had made a false allegation of sexual abuse, we noted that evidence relevant to a prosecuting witness’s possible bias or corruptness is admissible. When assessing a key witness’s credibility, the jury must know about any improper motives. Id.

The reasoning in Williams and daggers requires reversal of the burglary conviction in this case. We remand for a new trial on that count. The proffered testimony concerning the false police report is admissible on retrial. We note that the court properly excluded testimony about the sexual contact between Cliburn and the victim during Cliburn’s pretrial release on bond. That evidence was irrelevant to the charged crimes. We also affirm, without discussion, Cliburn’s other point on appeal, which challenged the victim’s testimony about previous threats he made to her. Affirmed in part, reversed in part and remanded for a new trial on the charge of burglary of an occupied dwelling.

CAMPBELL, A.C.J., and FRANK, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Eaglin v. State, 19 So. 3d 935 (Fla. 2009)
    …conviction as contemplated by section 90.610). In support of his argument of trial court error, Eaglin also cites to the decisions of the Second District Court of Appeal in Williams v. State, 386 So. 2d 25 (Fla. 2d DCA 1980), and Cliburn v. State, 710 So. 2d 669 (Fla. 2d DCA 1998). In both cases, the Second District held that the trial court erred in precluding the defense from cross-examining the main prosecution witness on the basis of a prior false report to the police. Yet, even assuming that a false re…
  • Pantoja v. State, 990 So. 2d 626 (Fla. 1st DCA 2008)
    …to adopt the reasoning of Jaggers, despite the fact that we rejected the Jaggers court’s position in Roebuck v. State, 953 So. 2d 40 (Fla. 1st DCA 2007). In Roebuck, 953 So. 2d at 41, we certified conflict with Jaggers, as well as Cliburn v. State, 710 So. 2d 669 (Fla. 2d DCA 1998), “to the extent they create a false reporting exception to section 90.610, Florida Statutes.” The supreme court initially accepted jurisdiction and, after a determination that there was no express conflict, dismissed the review pr…
  • Washington v. State, 985 So. 2d 51 (Fla. 4th DCA 2008)
    …al court’s exclusion of the false police report. We note that the Second District Court of Appeal has created a “false reporting exception” to that general rule. See Jaggers v. State, 536 So. 2d 321, 327-28 (Fla. 2nd DCA 1988) and Cliburn v. State, 710 So. 2d 669, 670 (Fla. 2nd DCA 1998). The First District recently disagreed with those decisions and certified conflict with the Second District in Roebuck. We join the First District in adhering to the rules of evidence and respectfully declining to adopt the…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw