Legal Opinion

Henry v. State

District Court of Appeal of Florida

Decided August 15, 1990No. 89-1613PublishedCited by 2 opinions

1Per curiam

Affirmed. We recognize that the trial court may have abused its discretion in precluding cross-examination of a state’s witness concerning statements made by the defendant. The statements were made in the conversation at the scene of a consent search. Although the officer/witness testified only to the physical conduct of the search and not to the contemporaneous conversation, the defense was entitled to ask about the statements even if self-serving. E.g., Coco v. State, 62 So.2d 892 (Fla.1953); Eberhardt v. State, 550 So.2d 102 (Fla. 1st DCA 1989), rev. denied, 560 So.2d 234 (Fla.1990).…

2Cases cited4 opinions

  1. Coco v. StateSupreme Court of Florida · 1953
  2. Coxwell v. StateSupreme Court of Florida · 1978
  3. Eberhardt v. StateDistrict Court of Appeal of Florida · 1989
  4. Ackerman v. StateDistrict Court of Appeal of Florida · 1979

3Cited by2 opinions

  1. Cotton v. StateDistrict Court of Appeal of Florida · 2000
  2. Pena v. StateDistrict Court of Appeal of Florida · 1992

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