K. M. JONES, APPELLANT,

v.

L. J. MOSS ET AL., APPELLEES

Citator

Cited By (13 total)

• Jackson v. State, 451 So. 2d 458 (Fla. 1984)
  …es as substantive evidence in closing argument, clearly forbidden by Adams and more recent cases. See Rankin v. State, 143 So. 2d 193 (Fla.1962); Perry v. State, 356 So. 2d 342 (Fla. 1st DCA), cert. denied, 364 So. 2d 889 (Fla.1978); Pitts v. State, 333 So. 2d 109 (Fla. 1st DCA 1976). The two errors discussed above are prejudicial and necessitate reversal of Jackson’s conviction and remanding for a new trial. ■ However, Jackson urges one further error which we will address in the event of retrial. During the…
• Shere v. State, 579 So. 2d 86 (Fla. 1991)
  …eading questions to induce an otherwise credible witness to testify — not to impeach. Allowing counsel to lead falls far short of authorizing counsel to challenge the credibility of the witness. See §§ 90.608, .612, Fla.Stat. (1987); Pitts v. State, 333 So. 2d 109, 111 (Fla. 1st DCA 1976) (“A witness who is merely hostile may not be impeached by the party calling him.”); see generally Eh-rhardt, supra, § 608.2, at 299 (“The term ‘hostile witness’ is not relevant to impeaching one’s own witness, but only to wh…
• Brumbley v. State, 453 So. 2d 381 (Fla. 1984)
  …as substantive evidence of a defendant’s guilt. See Rankin v. State, 143 So. 2d 193 (Fla.1962); Adams v. State, 34 Fla. 185, 15 So. 905 (1894); Perry v. State, 356 So. 2d 342 (Fla. 1st DCA), cert. denied, 364 So. 2d 889 (Fla. 1978); Pitts v. State, 333 So. 2d 109 (Fla. 1st DCA 1976). The record clearly reflects that the code-fendant’s , prior inconsistent statements, which were read before the jury, were used by the prosecutor as substantive evidence to obtain appellant’s conviction. Such use was improper…

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