C. A. W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1974-06-06
No. T-479
SPECTOR, Acting C. J., and McCORD, J., concur.
295 So. 2d 329 Florida District Court of Appeal, First District (1974) Negative Treatment
Cited by 12 cases

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.

Synopsis

A child was charged with robbery based largely on victim identification testimony. The trial court improperly restricted cross-examination of the victim and the arresting officer regarding identification procedures and circumstances, and refused to allow the defense to call the arresting officer as a witness based on a technical violation of discovery rules, despite the officer being on the State's witness list. The court reversed, holding that such restrictions prevented a fair examination of the crucial issue of identification.


Holding

The trial court erred in restricting cross-examination on identification matters as the questions were reasonably relevant to matters raised on direct examination, and the error was prejudicial. Additionally, although witness list exchange rules serve an important purpose of preventing surprise, they should not be blindly applied when the opposing party is fully acquainted with the witness and his testimony, unforeseen circumstances necessitate calling the witness, and no prejudice can result from the technical violation.


Headnotes

[1] Cross-examination questions are not objectionable as beyond the scope of direct examination if they are reasonably relevant to questions propounded on direct examination…

[2] A trial court errs in sustaining objections to cross-examination questions solely on the ground that they are beyond the scope of direct examination when the questions ar…

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

Key Quotes

“Although it is not permissible to stray and wander afield during cross examination, nevertheless the purpose of cross examination is not simply to plow the same ground along the same rows and in the same directions as the direct examination. Questions which are reasonably relevant to questions propounded on direct examination or answers elicited (or even volunteered) are not objectionable on the ground of being beyond the scope of direct examination.”

Establishes the proper scope of cross-examination and why the trial court erred in sustaining objections

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

C.A.W., a child, was charged with robbery. The alleged victim testified on direct examination that she saw the robbers following the crime and identif…

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.


Opinion of the Court
BOYER, Judge.

BOYER, Judge.

Appellant was charged by sworn petition with being a delinquent child because of an alleged robbery. The State’s first witness at the trial was the alleged victim who described the robbery in detail and identified appellant as one of the robbers. Although she testified on direct examination that she saw the robbers following the commission of the crime, when the defense counsel undertook to cross examine her as to when she saw them and under what circumstances the trial judge sustained an objection on the sole ground that the question was beyond the scope of direct examination. Objections were sustained on three separate occasions during cross examination of the same witness on that ground. The State then called the arresting officer who testified to the arrest. On cross examination the defense attorney attempted to elicit information as to how the defendant had been identified and what happened immediately following the arrest to which questions the trial judge sustained objections on the sole ground, again, that the questions were beyond the scope of direct examination. After the State rested the defendant sought to call the officer as his own witness, to which the State interposed objection on the ground that the officer’s name had not been furnished to the State on the defense witness list. Although the defendant’s attorney called to the attention of the court that the officer’s name was on the State’s witness list, the objection was sustained and the defendant was not permitted to call the officer as his witness. Appellant then moved for a continuance which was 'denied.

Nothing will be added to the jurisprudence of this State by reiterating here the exact questions and answers propounded during direct examination of the two witnesses above mentioned. Suffice to say that we have read the entire record and find that the questions of defendant’s attorney to which objections were sustained were not outside the reasonable scope of the direct examination. Although it is not permissible to stray and wander afield during cross examination, nevertheless the purpose of cross examination is not simply to plow the same ground along the same rows and in the same directions as the direct examination. Questions which are reasonably relevant to questions propounded on direct examination or answers elicited (or even volunteered) are not objectionable on the ground of being beyond the scope of direct examination.

The subject matter of the questions to which objections were sustained, and the anticipated evidence to be adduced from the officer who was not permitted to be called by the defendant, related to the identification of the defendant by the victim, the place of identification and the manner thereof. Such evidence was extremely relevant and material to the defense and the exclusion thereof, if error, was prejudicial. We find that the exclusion was error, and therefore reverse.

The reason behind the rule requiring exchange of witness lists incident to discovery is to prevent prejudicial surprise. (See Stewart v. State, Fla.App. (3rd) 1971, 247 So. 2d 771; Richardson v. State, Sup.Ct.Fla.1971, 246 So. 2d 771; Williams v. State, Fla.App. (4th) 1972, 264 So. 2d 106, certiorari denied 268 So. 2d 162; Buttler v. State, Fla.App. (3rd) 1970, 238 So. 2d 313 and Bell v. State, Fla.App. (2d) 1974, 287 So. 2d 717.)

Certainly the rule has a laudable purpose and should be complied with. However, when, as here, the opposing party is fully acquainted with the witness and with his anticipated testimony, thus, where there can be no surprise, and where the necessity for calling the witness occurs as a result of unforeseen circumstances which developed during the trial (or immediately preceding the trial, Bell v. State, supra) and where it is apparent that no prejudice can result as a result of the failure to list the witness, then, under such circumstances, the rule should not be blindly followed. The purpose of the rules, indeed the purpose of the law, is to achieve justice not frustrate it.

The judgment is reversed and the case is remanded for further proceedings consistent herewith.

SPECTOR, Acting C. J., and McCORD, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Kilpatrick v. State, 376 So. 2d 386 (Fla. 1979)
    …tness is sought to be used on rebuttal following presentation by the opposition of evidence which causes surprise. See, e. g. Holman v. State, 347 So. 2d 832 (Fla. 3d DCA 1977); Breedlove v. State, 295 So. 2d 654 (Fla. 3d DCA 1974); C.A.W. v. State, 295 So. 2d 329 (Fla. 1st DCA 1974); Rowan v. State, 252 So. 2d 851 (Fla. 3d DCA 1971). [*391] The record does not disclose any attempt by defense counsel, after arguing his objection, to seek an alternative remedy such as a recess or continuance to allow him to in…
  • Patterson v. State, 419 So. 2d 1120 (Fla. 4th DCA 1982)
    …e the case or that the prejudicial surprise, if any, could not be cured by a less severe remedy. It is crucial to remember that, “[t]he purpose of the rules, indeed the purpose of the law, is to achieve justice not frustrate it.” C. A. W. v. State, 295 So. 2d 329 (Fla. 1st DCA 1974) (reversing for improper exclusion). The provisions of the discovery rule were designed to further the objective of the trial process which is to arrive at a just decision based on all the facts. To summarize, we reverse because…
  • L. D. H. v. State, 416 So. 2d 863 (Fla. 3d DCA 1982)
    …PER CURIAM. Affirmed. Mobley v. State, 327 So. 2d 900 (Fla. 3d DCA 1976); C. A. W. v. State, 295 So. 2d 329 (Fla. 1st DCA 1974); Pizzo v. State, 289 So. 2d 26 (Fla. 2d DCA 1974).…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw