Law Updates for July 17, 2009

Alsfield, 34 FLW 1381, 4th DCA, - Williams Rule Error to allow the state to introduce evidence of another prior alleged sex battery of a different women whom def met at same bar and brought back to his house, where state failed to prove by clear and convincing evidence that def actually committed a sex battery against that women.


J.S., 34 flw 1386, 3rd DCA, - Error to preclude defense counsel from questioning a witness regarding a contradictory statement the witness had made to the defense counsel in a interview a few minutes earlier. Trial court incorrect in concluding this was improper impeachment because defense counsel was putting herself forward as a possible witness. This was only a conflict where the witness contradicts what he or she said to the defense counsel and not if it is consistent what said in the hallway.





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