Legal Opinion

Shimko v. State

District Court of Appeal of Florida

Decided September 22, 2004No. Nos. 4D02-4468, 4D03-18PublishedCited by 4 opinions

1Opinion of the CourtWarner, J.

Appellant, Dennis Shimko, appeals his conviction for indecent assault of his two step-granddaughters. We reverse the conviction because the trial court erred in permitting the state to insinuate impeaching facts in the questioning of a defense *342witness without having evidence of those facts. As the entire case was a credibility-contest between the victims and Shimko, the error was not harmless.

Shimko was charged with multiple counts of indecent assault of his step-granddaughters. During a period of their childhood, the granddaughters lived with their mother, grandmother, and Shimko, their…

2Cases cited4 opinions

  1. Dukes v. StateDistrict Court of Appeal of Florida · 1978
  2. Smith v. StateDistrict Court of Appeal of Florida · 1982
  3. Marsh v. StateDistrict Court of Appeal of Florida · 1967
  4. Thorpe v. StateDistrict Court of Appeal of Florida · 1977

3Cited by4 opinions

  1. Braddy v. StateSupreme Court of Florida · 2012
  2. Patrick Albert Evans v. State of FloridaSupreme Court of Florida · 2015
  3. Patrick Albert Evans v. State of FloridaSupreme Court of Florida · 2015
  4. Patrick Albert Evans v. State of Florida Corrected OpinionSupreme Court of Florida · 2015

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