Diaz v. State

Following a shooting incident in which one person died, a grand jury indicted Fidel Diaz on charges of first degree murder, § 782.04, Fla.Stat. (1979), attempted first degree murder (two counts), §§ 782.04(1), 777.04(1), Fla.Stat. (1979), and attempted robbery, §§ 812.13, 777.04, Fla.Stat. (1979). At trial, despite timely defense objection, the trial court permitted the state to cross-examine a psychiatric witness by posing a hypothetical question concerning Diaz’s conduct when police advised him of his Miranda rights at the time of his arrest. The state sought to establish that Diaz’s…