MELVIN FLOYD MOUERY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Melvin Floyd Mouery was convicted of robbery with a firearm against a cab driver. The appellate court reversed and ordered a new trial because the trial court erroneously excluded evidence that the cab driver had a history of dishonesty regarding fares, which could have provided motive for falsely accusing the appellant.
The trial court erred in excluding this evidence. Evidence that a witness has a history of keeping fares that should go to an employer is admissible under Florida Statutes section 90.608(2) to demonstrate the witness's bias or motive to be untruthful, and the Sixth Amendment protects the defendant's right to cross-examine prosecution witnesses to show such bias or motive.
[1] Evidence of a witness's past dishonesty regarding financial matters is admissible to show a motive to be untruthful in a current accusation.
[2] A defendant's assertion of payment, even if testified to by an arresting officer, is sufficient to raise the issue of a witness's truthfulness regarding payment.
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“a party may attack the credibility of a witness by demonstrating bias or motive to be untruthful”
Establishes the legal standard under section 90.608(2) allowing credibility attacks based on bias or motive
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant picked up a cab at a bar without money, went home to get cash, and returned carrying firearms. He ordered the driver to take him to another …
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.
Explore caselaw by topic → Browse Robbery With A Firearm cases and more on FLexlaw
KLEIN, J.
Appellant was convicted of robbery with a firearm, based on an incident with a cab driver. We reverse for a new trial because the court erred in refusing to admit evidence of the cab driver’s dishonesty which could have been a motive for accusing appellant.
The cabbie testified that when he picked appellant up at a bar, appellant mentioned that he did not have money. When they arrived at his home, appellant went inside to get the money. When appellant came out of his home, appellant was carrying a handgun and a shotgun and ordered the cabbie to take him to a different bar where someone had threatened him. Appellant did not get out of the cab at the bar, however, and while the cab was taking appellant back to his home, appellant threatened the cabbie with the gun and fired a shot out of the window. After the cabbie dropped appellant off, he reported the incident and identified appellant after his arrest.
At trial, the officer who arrested appellant testified that the appellant had given a statement in which he said that he had given the cab driver $100. The cab driver testified that he had not received any money from appellant.
Appellant attempted to attack the credibility of the cabbie with testimony that the cabbie had been accused by the cab company of keeping fares which should have gone to his employer, but the court would not permit it. On the proffer of this testimony, the cabbie admitted that he had not been honest about fares with his employer when he first started working. Whether the cabbie was eventually terminated as a result was unclear. The trial court ruled that this evidence was not admissible because there had been no direct testimony by appellant that he had given the cabbie $100. The trial court believed that, because the only evidence of payment of $100 was the testimony of the arresting officer, the payment was not really a defense. The trial court concluded that this testimony would have to be given by appellant and subject to cross examination.
Appellant argues that the officer’s testimony that appellant asserted he had paid the cabbie was sufficient to raise the issue that the cabbie was not being truthful when he testified he had not been paid. It was clearly relevant as the robbery charge was based on the failure to pay the fare.
In Pomeranz v. State, 634 So. 2d 1145 (Fla. 4th DCA 1994), the defendant accused of a theft attempted to cross-examine the eyewitness, the night manager of a fast food restaurant who was making a night deposit, about the fact that the night manager owed a debt in the same amount that he claimed was stolen by defendant. We reversed the trial court’s refusal to admit this evidence because it was relevant in that it gave the witness a motive for falsely accusing the appellant. Similarly, in the present case appellant’s defense was that he had paid the cabbie, but that the cabbie had kept the fare. The cabbie’s admission that he had done so in the past was evidence that the cabbie had a motive to falsely accuse appellant.
We conclude that this evidence should have been admitted under section 90.608(2), Florida Statutes (2002), which provides that a party may attack the credibility of a witness by demonstrating bias or motive to be untruthful. Barows v. State, 805 So. 2d 120, 122 (Fla. 4th DCA 2002) (“section 90.608(2), Florida Statutes, as well as the Sixth Amendment to the United States Constitution, guarantee a defendant ‘the right to a full and fair opportunity to cross-examine prosecution witnesses in order to show their bias or motive to be untruthful’ ”).
We therefore reverse for a new trial.
STEVENSON and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wyon Dale Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006)…. State, 881 So. 2d 95, 97 (Fla. 1st DCA 2004) (finding the trial court erred in precluding cross-examination of police officers regarding defendant’s complaints to police chief about the officers’ performance before his arrest); • Mouery v. State, 884 So. 2d 1029, 1030 (Fla. 4th DCA 2004) (finding the trial court erred in not allowing appellant to cross-examine arresting officer as to statements appellant had made upon his arrest); • Jackson v. State, 881 So. 2d 711, 713 (Fla. 3d DCA 2004) (finding the tria…
Authorities Cited
- Barows v. State, 805 So. 2d 120 (Fla. 4th DCA 2002)
- Pomeranz v. State, 634 So. 2d 1145 (Fla. 4th DCA 1994)