Powe v. State, AF-498
| Decision Date | 14 May 1982 |
| Docket Number | No. AF-498,AF-498 |
| Citation | 413 So.2d 1272 |
| Parties | Leon Elmore POWE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
David J. Busch, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee.
Powe seeks review of his conviction for trafficking in methaqualone asserting as error the trial court's restriction of appellant's cross-examination of a State's witness. We find the trial court unduly restricted defense cross-examination and reverse.
On October 16, 1980, appellant was charged by information with trafficking in methaqualone and with possession of cocaine. The first trial ended in a mistrial. At the second trial, the State presented the testimony of Roy Michel who drove an automobile instrumental in the drug transaction underlying the charges against Powe.
On cross-examination, the defense counsel inquired about any plea bargaining Michel had entered into in return for his testimony. Michel testified that the State dropped a charge of trafficking in methaqualone, that he entered a plea of guilty to a charge of possession of cocaine, and that he was sentenced to five years probation and required to pay a $500 fine. Defense counsel asked several times whether Michel was informed or aware that a conviction for trafficking in methaqualone carried a minimum mandatory five year sentence. The prosecution objected on each occasion to the relevancy of the question and the trial court sustained the objections.
In Wolfe v. State, 190 So.2d 394 (Fla. 1st DCA 1966) we stated:
It has long been the policy of the law that testimony of an accomplice is regarded with disfavor; is subject to close scrutiny; and, should be received with caution by the jury. The reason for the rule arises from the willingness of some persons charged with or convicted of a crime to wrongfully implicate others if by doing so, they may mitigate the penalty against themselves. (footnote omitted)
Great latitude should be allowed in the cross-examination of an accomplice who testifies for the prosecution. Leavine v. State, 109 Fla. 447, 147 So. 897 (1933). 2 Wharton's Criminal Evidence, (1972), Sec. 425, p. 323.
The courts have repeatedly held that a defendant has the right to fully cross-examine a State's witness to reveal bias and any improper motive the witness may have had in testifying against the defendant. Simmons v. Wainwright, 271 So.2d 464 (Fla. 1st DCA...
To continue reading
Request your trial
-
Rivera v. State
...cross-examining an accomplice or key prosecution witness. Elmer v. State, 114 So. 3d 198, 201 (Fla. 5th DCA 2012) ; Powe v. State, 413 So. 2d 1272, 1273 (Fla. 1st DCA 1982) ; Wolfe v. State, 190 So. 2d 394, 395 (Fla. 1st DCA 1966) (explaining that policy of law is that accomplice's testimon......
-
Washington v. State
...a State witness to expose any bias or improper motive that the witness may have in testifying against the defendant. Powe v. State, 413 So.2d 1272, 1273 (Fla. 1st DCA 1982); Chatman v. State, 687 So.2d 860 (Fla. 1st DCA 1997); Taylor v. State, 623 So.2d 832 (Fla. 4th DCA 1993). The Florida ......
-
Eliakim v. State, 4D02-3393.
...great latitude should be allowed in cross-examination of an accomplice who testifies for the prosecution. See Powe v. State, 413 So.2d 1272 (Fla. 1st DCA 1982). Contrary to appellant's contention that his cross-examination of Martelo was unfairly restricted, the record demonstrates that app......
-
Henry v. State
...witness, the terms of the plea agreement might have been admissible to show bias or motive.”). For example, in Powe v. State, 413 So.2d 1272, 1272 (Fla. 1st DCA 1982), the first district reversed a defendant's conviction where the trial court refused defense counsel's request to inquire as ......