Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided September 5, 2012No. 4D09-1874PublishedCited by 2 opinions

1Opinion of the CourtWarner, J.

We reverse appellant’s convictions for one count of sexual battery on a child and one count of lewd or lascivious molestation. First, the trial court erred in refusing to allow her to call an assistant state attorney to whom the victim recanted his accusations and subsequently retracted his recantation. This ruling deprived appellant of evidence of both motive and improper influence which factored significantly into her defense. As to the lewd and lascivious molestation count, we reverse and remand because the charging document permitted multiple acts to be included and thus did not allow for…

2Cases cited16 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. Stephens v. StateSupreme Court of Florida · 2001
  3. Rivera v. StateSupreme Court of Florida · 1990
  4. Bozeman v. StateDistrict Court of Appeal of Florida · 1997
  5. Smith v. StateSupreme Court of Florida · 1982

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3Cited by2 opinions

  1. Mardis v. StateDistrict Court of Appeal of Florida · 2013
  2. Bentley v. StateDistrict Court of Appeal of Florida · 2017

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