From Casetext: Smarter Legal Research

Keane v. State

District Court of Appeal of Florida, Fourth District
Apr 4, 1978
357 So. 2d 457 (Fla. Dist. Ct. App. 1978)

Opinion

Nos. 76-2701 and 77-18.

April 4, 1978.

Appeal from the Circuit Court, Broward County, Louis Weissing, J.

Richard L. Jorandby, Public Defender, and Jerry L. Schwarz, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee.


The defendants were convicted of robbery. They appeal and raise several points, two of which require reversal.

Firstly, we hold that the trial court erred in refusing to allow the defendants to cross-examine the alleged victim as to a pending criminal charge against him to which he had pleaded guilty. When a prosecution witness is under criminal charges at the time he testifies, the defense is entitled to bring this fact out. Blanco v. State, 353 So.2d 602 (Fla. 3d DCA 1977); Redden v. Wainwright, 340 So.2d 1187 (Fla. 4th DCA 1976); Fulton v. State, 335 So.2d 280 (Fla. 1976); Morrell v. State, 297 So.2d 579 (Fla. 1st DCA 1974).

Secondly, we concluded that the comments and repeated interjections by the trial court during the course of the trial deprived the defendants of a fair trial. No purpose would be served in setting out the numerous gratuitous comments and interjections by the trial judge during the course of the trial. This court's admonition in Hunter v. State, 314 So.2d 174 (Fla. 4th DCA 1975), is applicable to the present case.

REVERSED and REMANDED for a new trial.

CROSS, J., and DURANT, N. JOSEPH, Jr., Associate Judge, concur.


Summaries of

Keane v. State

District Court of Appeal of Florida, Fourth District
Apr 4, 1978
357 So. 2d 457 (Fla. Dist. Ct. App. 1978)
Case details for

Keane v. State

Case Details

Full title:CINDY KEANE, APPELLANT, v. STATE OF FLORIDA, APPELLEE. GEORGE ROBERT…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 4, 1978

Citations

357 So. 2d 457 (Fla. Dist. Ct. App. 1978)

Citing Cases

Wilkerson v. State

The court held that, based on the foregoing remarks, the trial court abused its discretion in rebuking…

Reyes v. State

"Great care should always be observed by the judge to avoid the use of any remark in the hearing of the jury…