State v. Pancoast

In this sexual battery prosecution in which the victim’s consent is at issue, the state seeks certiorari review of a nonfinal order denying the state’s motion to strike the proffered testimony of three defense witnesses. The trial judge stayed the trial pending this court’s determination of the petition for writ of certiorari. We grant the petition.

The defense sought to introduce evidence of the victim’s prior consensual sexual activity with three men other than Phillip Pancoast, the defendant. In accordance with section 794.022(2), Florida Statutes (1989), the judge conducted an in camera…