JAMES D. KOBEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-09-11
No. 4D01-2144
FARMER, STEVENSON and MAY, JJ., concur.
825 So. 2d 517 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand the trial court’s summary denial of the motion it treated as a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. On remand, the trial court is to reconsider the motion pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000).

REVERSED and REMANDED.

FARMER, STEVENSON and MAY, JJ., concur.


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  • Knight v. State, 919 So. 2d 628 (Fla. 3d DCA 2006)
    …requested to re-cross-examine Ceocarelli about the pre-trial line-up identification. The trial court refused defense counsel’s request. A trial court’s decision not to allow re-cross-examination is reviewed for abuse of discretion. Hurst v. State, 825 So. 2d 517 (Fla. 4th DCA 2002); Louisy v. State, 667 So. 2d 972 (Fla. 4th DCA 1996). We find that the trial court did not abuse its discretion in disallowing defense counsel from re-crossing Ceocarelli. Defense counsel opened the door to the line-up issue duri…
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  • Tennyson v. State, 254 So. 3d 510 (Fla. 3d DCA 2018)
    …is reviewed for abuse of discretion." Knight v. State, 919 So. 2d 628, 636 (Fla. 3d DCA 2006). It is not an abuse of discretion for a trial court to deny recross when the prosecutor does not raise any new matters during redirect. See Hurst v. State, 825 So. 2d 517, 517 (Fla. 4th DCA 2002). "The admission or rejection of [evidence for the purpose of impeachment] rests in the sound discretion of the trial court who must judge the propriety thereof from what transpires upon the trial, and the conduct of the witn…
  • Sandoval v. State, 198 So. 3d 926 (Fla. 4th DCA 2016)
    …r to M.H. returning to her home country was the incident where appellant had tried to pull.her shorts down. ... “Whether to allow re-cross-examination is subject to the trial court’s broad discretion over the admission of evidence.” Hurst v. State, 825 So. 2d 517, 517 (Fla. 4th DCA 2002). However, “[w]hen new material is developed on redirect examination, reeross-examination must be allowed.” Bordelon v. State, 908 So. 2d 543, 546 (Fla. 1st DCA 2005). “[D]enying recross effectively denies the opposing party…

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