Legal Opinion

Ware v. State

District Court of Appeal of Florida

Decided October 23, 2013No. 1D12-5180PublishedCited by 3 opinions

1Opinion of the CourtMakar, J.

William E. Ware, convicted of exposing his sexual organs and exhibiting them lewdly/lasciviously in the presence of a disabled person, claims the trial court erred in denying his request to present evidence that the victim, L.R., was subjected to a sexual battery years ago. He claims the prior sexual battery was relevant because it may have impacted L.R.’s ability to “accurately perceive and testify about a new sexual assault.” We affirm.

I

On a seasonable May afternoon in 2011, L.R. — who has a medical condition that makes walking extremely difficult — was out and about running errands at…

2Cases cited6 opinions

  1. Schmitt v. StateSupreme Court of Florida · 1991
  2. Pantoja v. StateSupreme Court of Florida · 2011
  3. Duvallon v. StateDistrict Court of Appeal of Florida · 1981
  4. Fehringer v. StateDistrict Court of Appeal of Florida · 2008
  5. Minus v. StateDistrict Court of Appeal of Florida · 2005

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. JUAN MESEN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  2. Marcus Jamal Graham v. State of FloridaDistrict Court of Appeal of Florida · 2015
  3. Sandoval v. StateDistrict Court of Appeal of Florida · 2016

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