ARTHUR JORDAN BUTT, III, PETITIONER,

v.

CALVIN GREY AND ROYCE LEE MOSLEY, RESPONDENTS

Citator

Cited By

• Jenkins v. State, 547 So. 2d 1017 (Fla. 1st DCA 1989)
  …ony on the morning of the trial. The trial court denied the motion, finding the proffer irrelevant. In general, a trial court commits error if it denies a request to proffer testimony which is reasonably related to issues at trial. Kembro v. State, 346 So. 2d 1083 (Fla. 1st DCA 1977); Piccirrillo v. State, 329 So. 2d 46 (Fla. 1st DCA 1976). At trial and in his initial brief, appellant failed to demonstrate the relevancy of the proposed testimony. We conclude that the testimony was clearly irrelevant to any is…
• Pender v. State, 432 So. 2d 800 (Fla. 1st DCA 1983)
  …d 46 (Fla. 1st DCA 1976), “A trial court should not refuse to allow a proffer of testimony. This is necessary to ensure full and effective appellate review. Francis v. State, 308 So. 2d 174 (Fla.App. 1st, 1975).” Id. at 47. See also Kembro v. State, 346 So. 2d 1083 (Fla. 1st DCA 1977); Phillips v. State, 351 So. 2d 738 (Fla. 3d DCA 1977), cert. denied, 361 So. 2d 834 (Fla.1978). Appellee further suggests that any error in the trial court’s disallowance of the proffer is harmless. The disallowance of the proff…
• William Earl Banks v. State, 648 So. 2d 766 (Fla. 1st DCA 1994)
  …al court inexplicably denied a proffer. The failure of a lower court to allow a proffer is an issue cognizable on appeal, Jenkins v. State, 547 So. 2d 1017 (Fla. 1st DCA 1989), and on the record before us, we must assume error. See, Kembro v. State, 346 So. 2d 1083 (Fla. 1st DCA 1977). We also agree with appellant that the lower court erred in failing to hold a hearing pursuant to Richardson v. State, 246 So. 2d 771 (Fla.1971). During the testimony of Robert Hawkins, a codefendant who allegedly was with appel…