Watts v. State, No. 83-751
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | DANAHY |
| Citation | 450 So.2d 265 |
| Parties | Jack Lester WATTS, Appellant, v. STATE of Florida, Appellee. |
| Decision Date | 27 April 1984 |
| Docket Number | No. 83-751 |
Page 265
v.
STATE of Florida, Appellee.
Second District.
Page 266
Jerry Hill, Public Defender, Bartow, and Amelia G. Brown, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.
DANAHY, Acting Chief Judge.
The appellant appeals his conviction for second degree murder on grounds that the trial judge unduly restricted his cross-examination of two key state witnesses, Johnny Lee Ruebin and Christopher Beasley, in violation of his constitutional right to confront and fully cross-examine adverse witnesses against him. We agree in part and reverse for a new trial.
At the trial the testimony revealed the following scenario. On the night in question, the appellant, Beasley, Ruebin, and the victim, Charles Loman, were all at the Hancock Lounge in Tampa. Beasley, who was in the lounge near the screen door, looked out and saw Loman run toward an old brown Cadillac and greet the appellant. Next, Loman and the appellant approached the bar and greeted Beasley. At that time, Beasley saw a gun handle sticking out of the appellant's pants. The appellant and Loman then stood and talked just outside the screen door where Beasley was listening. Finally, Loman went inside and Beasley turned his attention to a pool game. The next time Beasley saw Loman and the appellant, the two of them went back outside and walked around the corner of the building. Three or four minutes later, Beasley followed them outside to the back corner of the building where he stood by a phone booth and watched them as they stood about a foot apart and talked. When Beasley saw the appellant raise the gun and point it at Loman, Beasley backed away. He then saw Loman running around the corner, heard gunshots, and ran into the bar with most of the other people who had been standing outside. Ruebin, who had been among those standing outside, ran around the side of the building as soon as he heard the shots. He saw a 5'11"' man whom he did not recognize jump into the passenger side of a parked 1968 or 1969 Cadillac and watched the car drive away before he ran back into the bar where he found Loman lying on the floor.
At the trial the appellant's attorney cross-examined the state's witnesses, Ruebin and Beasley. To demonstrate their
Page 267
bias or motive, the appellant's attorney attempted to ask them whether they were presently on probation, resided in the county jail, or had a new charge or probation revocation pending. The trial judge refused to allow such questioning.Counsel then stipulated to proffers of the cross-examinations of Ruebin and Beasley on these matters. The appellant argued that Ruebin, currently on probation, would say that he had no particular compulsion to testify; he was not in custody; he had no charges pending; he was not on probation at the time of the murder when he gave his statement to the police; but he did have a charge pending by the time his deposition was taken. Beasley, currently residing in the county jail, would say that at the time he gave his statement implicating appellant, he was on two years probation. Beasley would further say that by the time of trial he was facing revocation of this probation and that, if this probation was revoked, he could be sentenced to fifteen years in prison in addition to a maximum sentence of twenty years for the new felony charge pending. Beasley would also add that his probation revocation hearing was scheduled for Friday of the week of appellant's trial, that his assigned judge had been made aware of his testimony in appellant's case, and that he had discussed...
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Childers v. State, No. 1D03-2154.
...showing his possible interest in the outcome of the case. Steinhorst v. State, 412 So.2d 332, 337 (Fla.1982); see also Watts v. State, 450 So.2d 265 (Fla. 2d DCA As an example, when a key prosecution witness is awaiting sentencing in another case, the defense may demonstrate that such witne......
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Marr v. State, No. AU-499
...in such circumstances is constitutional error. Hannah v. State, 432 So.2d 631, 632 (Fla. 3d DCA 1983) (e.s.). See also Watts v. State, 450 So.2d 265 (Fla. 2d DCA 1984). Our research in this area has revealed only one Florida case directly interpreting the interrelationship between the Flori......
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Marshall v. State, No. 75
...to a witness prior to trial. See, e.g., State v. Anonymous (1977-4), 34 Conn.Supp. 527, 374 A.2d 568, 569 (1977); Watts v. State, 450 So.2d 265, 268 (Fla.Dist.Ct.App.1984); Williams v. Commonwealth, 569 S.W.2d 139, 145 (Ky.1978); State v. Roberson, 215 N.C. 784, 3 S.E.2d 277, 280 (1939); Pe......
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Carlyle v. State, No. 2D04-4412.
...that the fact that a witness is in jail for a pending probation violation is generally admissible to show bias. See Watts v. State, 450 So.2d 265 (Fla. 2d DCA 1984). Indeed, "the defendant has the absolute right to fully cross-examine adverse witnesses to discredit them by showing bias, pre......
-
Childers v. State, No. 1D03-2154.
...showing his possible interest in the outcome of the case. Steinhorst v. State, 412 So.2d 332, 337 (Fla.1982); see also Watts v. State, 450 So.2d 265 (Fla. 2d DCA As an example, when a key prosecution witness is awaiting sentencing in another case, the defense may demonstrate that such witne......
-
Marr v. State, No. AU-499
...in such circumstances is constitutional error. Hannah v. State, 432 So.2d 631, 632 (Fla. 3d DCA 1983) (e.s.). See also Watts v. State, 450 So.2d 265 (Fla. 2d DCA 1984). Our research in this area has revealed only one Florida case directly interpreting the interrelationship between the Flori......
-
Marshall v. State, No. 75
...to a witness prior to trial. See, e.g., State v. Anonymous (1977-4), 34 Conn.Supp. 527, 374 A.2d 568, 569 (1977); Watts v. State, 450 So.2d 265, 268 (Fla.Dist.Ct.App.1984); Williams v. Commonwealth, 569 S.W.2d 139, 145 (Ky.1978); State v. Roberson, 215 N.C. 784, 3 S.E.2d 277, 280 (1939); Pe......
-
Carlyle v. State, No. 2D04-4412.
...that the fact that a witness is in jail for a pending probation violation is generally admissible to show bias. See Watts v. State, 450 So.2d 265 (Fla. 2d DCA 1984). Indeed, "the defendant has the absolute right to fully cross-examine adverse witnesses to discredit them by showing bias, pre......