Legal Opinion

Merrone v. State

District Court of Appeal of Florida

Decided June 26, 2013No. 3D11-2126Published

1Opinion of the CourtEmas, J.

John Merrone was arrested and charged with false imprisonment, sexual battery and aggravated battery. Following a jury trial, he was found guilty of false imprisonment and two counts of simple battery, and sentences were imposed. Merrone appeals his convictions and sentences. The issue is whether the court erred in denying a defense request to call a witness to rebut an express or implied charge of improper influence, motive or recent fabrication by another defense witness. For the reasons that follow, we hold that the *591trial court committed reversible error, and reverse and remand for a new…

2Cases cited15 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Price v. GeorgiaSupreme Court of the United States · 1970
  3. Torres-Arboledo v. StateSupreme Court of Florida · 1988
  4. Kelley v. StateSupreme Court of Florida · 1986
  5. State v. BowdenSupreme Court of Florida · 1944

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