Legal Opinion

Toomer v. State

District Court of Appeal of Florida

Decided June 16, 1992No. 91-3024PublishedCited by 2 opinions

1Per curiam

Ira Toomer appeals his conviction and sentence for attempted robbery and attempted battery. We affirm.

It was, as the defense contends, impermissible for the State to ask a witness if another witness is lying. Mosley v. State, 569 So.2d 832 (Fla. 2d DCA 1990); Whitfield v. State, 549 So.2d 1202 (Fla. 3d DCA 1989); Boatwright v. State, 452 So.2d 666 (Fla. 4th DCA 1984). The objection was correctly sustained, and there was no abuse of discretion in the denial of the motion for mistrial.

While the detective’s testimony exceeded to some degree that which is permitted by State v. Baird, 572 So.2d…

2Cases cited4 opinions

  1. State v. BairdSupreme Court of Florida · 1990
  2. Boatwright v. StateDistrict Court of Appeal of Florida · 1984
  3. Mosley v. StateDistrict Court of Appeal of Florida · 1990
  4. Whitfield v. StateDistrict Court of Appeal of Florida · 1989

3Cited by2 opinions

  1. Joseph v. StateDistrict Court of Appeal of Florida · 2004
  2. Lyons v. StateDistrict Court of Appeal of Florida · 1993

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