STATE OF FLORIDA, PETITIONER,
v.
BILLY EUGENE RETHERFORD, RESPONDENT
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The Florida Supreme Court held that the Harris v. New York exception to Miranda applies in Florida, allowing the State to impeach a defendant's testimony with prior unwarned statements when the defendant voluntarily takes the stand. The Court overruled its prior precedent in Young and Galasso to align with federal law.
The Court held that the Harris v. New York exception to Miranda applies in Florida, allowing prior unwarned statements to impeach a defendant's credibility when the defendant voluntarily takes the stand. The Court specifically overruled Young v. State and State v. Galasso to the extent they were inconsistent with Harris.
[1] A defendant's prior inconsistent statement, even if obtained in violation of Miranda, may be used to impeach the defendant's credibility when the defendant testifies at t…
[2] A trial court errs by allowing the use of a pre-trial statement for impeachment without first determining its voluntariness.
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“Harris should be recognized as part of the law in Florida. Therefore, we specifically recede from Young and Galasso to the extent that they are inconsistent with Harris.”
The Court's holding that it is adopting the Harris v. New York exception to Miranda and overruling its prior precedent
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRetherford was accused of raping a girl at a large party. The girl testified she was beaten, choked, screamed, and was penetrated. Other youths corrob…
The full statement of facts, procedural history, and disposition for this case are member content.
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The District Court of Appeal, First District, has certified that its opinion in this cause, reported at 265 So.2d 80 (1st D.C. A.Fla.1972), passes upon a question of great public interest. Article V, § 4(2), Florida Constitution, F.S.A. The State’s petition for writ of certiorari was granted, and we have heard oral argument.
The facts are not in dispute. Several youths participating in a large “open” party remained behind at the host’s house after most of the celebrants had departed. Two of these youths, Retherford and a girl, found themselves alone in a bedroom. Subsequently, the girl alleged that Rether-ford had forced sexual acts upon her. When the matter came to trial, the girl testified that she had been beaten and choked; that she had screamed; that she had been penetrated. Some of the other youths offered testimony tending to corroborate her story.
At that point in the trial, Retherford denied that she had resisted his advances. He also denied choking her or penetrating her vagina. Thereupon, the State proceeded to impeach his testimony by examining him, over objection, concerning a pre-trial statement he had given to a deputy sheriff to the effect that he had achieved penetration. The trial court overruled Rether-ford’s objection to the statement without ascertaining whether or not it had been voluntarily obtained. Ultimately, Rether-ford was convicted of attempted rape.
On appeal, it was contended that the trial court had committed reversible error by allowing use of the impeachment statement without first determining the issue of its voluntariness. This argument, based on Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), was supported by this Court’s opinions in State v. Galasso, 217 So.2d 326 (Fla.1968) and Young v. State, 234 So.2d 341 (Fla.1970).
The State argued that no reversible error had been committed because, notwithstanding the above cases, the United States Supreme Court had subsequently decided, in Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971), that once a defendant had voluntarily taken the stand, his credibility could be impeached by use of prior conflicting statements made before Miranda warnings were given.
The District Court of Appeal, following our pronouncements in Galasso and Young, reversed the judgment of conviction and remanded for a new trial. Recognizing the importance of the issue raised, the District Court certified the case so that this Court could answer what has been described as the pivotal question: “Will the Supreme Court of Florida adhere to its pronouncements in Galasso and Young in light of the United States Supreme Court’s decision in Harris v. New York, supra?” 265 So.2d at 83.
We believe that the exception to Miranda announced in Hiarris should be recognized as part of the law in Florida. Therefore, we specifically recede from Young and Galasso to the extent that they *365are inconsistent with Harris. The decision of the District Court below is quashed, and the cause is remanded for further proceedings consistent herewith.
It is so ordered.
CARLTON, Acting C. J., ADKINS, BOYD and McCAIN, JJ., and DREW, J. (Retired), concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- Harris v. New York, 401 U.S. 222 (U.S. 1971)
- Young v. State, 234 So. 2d 341 (Fla. 1970)
- State v. Galasso, 217 So. 2d 326 (Fla. 1968)
- Retherford v. State, 265 So. 2d 80 (Fla. 1st DCA 1972)