Ex Parte Brooks

This Court granted certiorari to review a single evidentiary issue: Whether the Court of Criminal Appeals, 393 So.2d 484, erred in affirming the trial court's ruling which prevented the defendant from cross-examining the victim concerning a civil action brought by the victim against defendant which arose out of the same facts as the criminal prosecution. We hold it was error to disallow such cross-examination; thus, we reverse and remand.

The facts, as stated by petitioner pursuant to ARAP 39 (k), are:

The appellant-defendant left his own house, traveled a reasonable distance by truck to the…