WILLIAM CLAIRVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-02-04
No. 5D10-725
MONACO, C.J., EVANDER and JACOBUS, JJ., concur.
56 So. 3d 854 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Morton v. State, 689 So.2d 259, 264 (Fla.1997), receded from in part on other grounds, Rodriguez v. State, 753 So.2d 29, 47 (Fla.2000) (where witness gives both favorable and unfavorable testimony, party calling witness should usually be permitted to impeach witness with prior inconsistent statement; statement should be truly inconsistent and caution should be exercised in permitting impeachment of witness who has given favorable testimony but simply fails to recall every detail unless witness appears to be fabricating).

MONACO, C.J., EVANDER and JACOBUS, JJ., concur.


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  • Clairvin v. State, 162 So. 3d 192 (Fla. 5th DCA 2015)
    …h of Counts 1, 2, 4, 5, and 6, and to 15 years of probation on Counts 3 and 7, which were ordered to run concurrent with each other but consecutive to Counts 1, 2, 4, 5, and 6. His judgment and sentence was affirmed on appeal. See Clairvin v. State, 56 So. 3d 854 (Fla. 5th DCA 2011). . The statement was properly admitted for impeachment purposes as a prior inconsistent statement. See Morton v. State, 689 So. 2d 259, 264 (Fla.1997), receded from in part on other grounds, Rodriguez v. State, 753 So. 2d 29, 47…

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