Legal Opinion

Miller v. State

District Court of Appeal of Florida

Decided July 15, 1998No. 97-2148Published

1Opinion of the Court

KAHN, Judge.

Appellant Freddie Miller was convicted on the charge of possession of a firearm by a convicted felon. We reverse because the trial judge improperly limited appellant’s cross examination of his wife. We do not reach the other issues raised by appellant.

In December, 1996, appellant’s wife called the 911 operator at the Jacksonville Sheriffs Office. In the tape recording of this call, introduced at trial, Mrs. Miller stated that appellant was “going to kill us” and that he had a gun, “I think it’s a .357.” Appellant was subsequently arrested at his residence and a .357 magnum pistol…

2Cases cited4 opinions

  1. Davis v. AlaskaSupreme Court of the United States · 1974
  2. McDuffie v. StateDistrict Court of Appeal of Florida · 1977
  3. Yolman v. StateDistrict Court of Appeal of Florida · 1985
  4. Corley v. StateDistrict Court of Appeal of Florida · 1991

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