MANUEL RODRIGUEZ, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The court held that testimony concerning a restraining order improperly bolstered the victim's credibility and was not harmless error in a case hinging on credibility.
[1] Testimony that a victim obtained a restraining order after an incident improperly bolsters the victim's credibility by suggesting a judge believed their version of events…
[2] In a credibility contest between a victim and a defendant, the improper admission of testimony that bolsters the victim's credibility constitutes prejudicial error necess…
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Join FLexlaw to unlock all legal intelligenceThe defendant was convicted of aggravated assault with a deadly weapon for allegedly threatening his girlfriend with a machete. The State introduced t…
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PER CURIAM.
Manuel Rodriguez appeals his conviction for aggravated assault with a deadly weapon. We reverse because appellee State of Florida improperly bolstered the victim’s credibility with irrelevant testimony.
Rodriguez was charged with threatening his girlfriend with a machete during an argument. At trial, the victim testified that she asked Rodriguez to move out, an argument ensued, and he threatened to kill her while brandishing a machete. The State also elicited testimony that the victim had obtained a restraining order after the incident. The question was asked at the very end of direct examination which tended to emphasize the answer for the jury. Rodriguez testified that they argued because he was going to move out, but he did not have a machete and he did not threaten her. The only other testimony came from the deputy sheriff who took the victim’s statement, interviewed Rodriguez and then made the arrest.
Rodriguez argues that testimony concerning the restraining order improperly bolstered the victim’s credibility because the jury could have concluded that the judge who issued the order believed the victim’s version of the incident. We agree that the testimony should not have been allowed. See Hayes v. State, 778 So. 2d 400, 401 (Fla. 3d DCA 2001) (testimony that a judge had found probable cause that the defendant had committed the crimes charged was highly prejudicial, irrelevant testimony and should not have been admitted). Additionally, in cases such as this where the case consists of a credibility contest between the victim and the defendant, the error is not harmless. See Hitchcock v. State, 636 So. 2d 572, 574 (Fla. 4th DCA 1994) (when credibility determination is at the heart of the trial, the improper admission of statements bolstering the victim’s testimony constitutes prejudicial error necessitating reversal); see also Perez v. State, 595 So. 2d 1096 (Fla. 3d DCA 1992). Accordingly, we reverse.
Rodriguez’s other arguments lack merit.
Reversed.
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Citator
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Linn v. Basil D. Fossum, M.D., 946 So. 2d 1032 (Fla. 2006)…annot be used to bolster the testimony of a physician on direct examination.”). This is consistent with the general rule that it is improper on direct examination to introduce evidence to support the credibility of a witness. See Rodriguez v. State, 842 So. 2d 1053, 1053 (Fla. 3d DCA 2003) (trial court erred in allowing the victim of an alleged aggravated assault to testify that she obtained a restraining order after the incident); Simpson v. State, 824 So. 2d 280, 282 (Fla. 4th DCA 2002) (trial court erred in…
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LEE v. State, 873 So. 2d 582 (Fla. 3d DCA 2004)…6, 1097 (Fla. 3d DCA 1992), we stated that errors committed from the improper admission of a police officer’s testimony that can be used to bolster the credibility of a victim’s trial testimony cannot be deemed harmless. See also Rodriguez v. State, 842 So. 2d 1053, 1054 (Fla. 3d DCA 2003)(where we stated that “in cases such as this where the case consists of a credibility contest between the victim and the defendant, the error is not harmless.”). The jury could have concluded that the police detective believ…
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Bradley v. State, 214 So. 3d 648 (Fla. 2017)…a. 2008)). “[Vjague and unverified information regarding ... prior felonies clearly has the effect of unfairly prejudicing the defendant in the eyes of the jury .... ” Geralds v. State, 601 So. 2d 1157, 1163 (Fla. 1992); see also Rodriguez v. State, 842 So. 2d 1053 (Fla. 3d DCA 2003) (aggravated assault conviction reversed where the jury heard the alleged victim successfully obtained a restraining order, which unfairly bolstered the victim’s version of events); State v. Emmund, 698 So. 2d 1318, 1320 (Fla. 3d D…
Authorities Cited
- Hitchcock v. State, 636 So. 2d 572 (Fla. 4th DCA 1994)
- Perez v. State, 595 So. 2d 1096 (Fla. 3d DCA 1992)
- Hayes v. State, 778 So. 2d 400 (Fla. 3d DCA 2001)