Blanco v. State
| Decision Date | 13 December 1977 |
| Docket Number | No. 76-1550,76-1550 |
| Parties | Daniel E. BLANCO, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Alvin E. Entin, North Miami Beach, for appellant.
Robert L. Shevin, Atty. Gen. and Joel D. Rosenblatt and Jose R. Rodriguez, Asst. Attys. Gen., for appellee.
Before HENDRY, C. J., and HAVERFIELD and NATHAN, JJ.
Daniel E. Blanco, defendant-appellant, seeks a new trial and reversal of his conviction for sale or delivery of a controlled substance.
Defendant for his first point on appeal contends the trial court erred in limiting his right to cross-examination by (1) not allowing defense counsel to make inquiry with regard to pending criminal charges against the prosecution's principal witness (a paid informant), and (2) failing to allow inquiry into the present address of this same witness for impeachment purposes.
With respect to the second issue raised under the above contention, the controlling principle of law as set out in Smith v. Illinois, 390 U.S. 129, 131, 88 S.Ct. 748, 750, 19 L.Ed.2d 966 (1968) is
Nevertheless, defendant's right to a witness' background information 1 is not absolute. Where there has been some real threat to the personal safety of the witness because of his willingness to testify in that proceeding, the present address of the witness may be withheld from the defendant as long as the cross-examination is otherwise vigorous, full and effective. See U. S. v. Alston, 460 F.2d 48 (5th Cir. 1972), cert. denied, 409 U.S. 871, 93 S.Ct. 200, 34 L.Ed.2d 122 (1972). However, prior to effectively invoking this "personal safety" exception, the prosecution must demonstrate an actual, not implied, threat to the witness or his family and must disclose to the trial judge in camera the information sought to be withheld from the defendant who must be allowed to show any special need for the information requested. Then the trial judge must determine whether the facts must be disclosed in order not to deny effective cross-examination to the defendant and this determination is reviewable on appeal. State v. Hassberger, 350 So.2d 1, 4 (1977). In addition, our Supreme Court in Hassberger, supra, hastened to point out that this exception is exceedingly narrow and all doubts must be resolved in favor of the accused's 6th and 14th amendment right to confront the witnesses against him.
In the case at bar the paid informant, whose address defense counsel desired to...
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