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Mosley v. State

District Court of Appeal of Florida, Second District
Nov 2, 1990
569 So. 2d 832 (Fla. Dist. Ct. App. 1990)

Summary

In Mosley v. State, 569 So.2d 832 (Fla. 2d DCA 1990), this court held that it was improper to ask a defendant at trial whether previous witnesses had been lying.

Summary of this case from Rhue v. State

Opinion

No. 88-03019.

November 2, 1990.

Appeal from the Circuit Court, Polk County, J. Dale Durrance, J.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


During the appellant's trial for trafficking in cocaine, the prosecutor improperly cross examined the appellant by asking him whether certain previous witnesses had been lying. Such questioning is improper, and the trial court erred in failing to sustain the defendant's objection and in denying the defendant's motion for a mistrial. Boatwright v. State, 452 So.2d 666 (Fla. 4th DCA 1984).

Accordingly, the case is reversed and remanded for a new trial.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.


Summaries of

Mosley v. State

District Court of Appeal of Florida, Second District
Nov 2, 1990
569 So. 2d 832 (Fla. Dist. Ct. App. 1990)

In Mosley v. State, 569 So.2d 832 (Fla. 2d DCA 1990), this court held that it was improper to ask a defendant at trial whether previous witnesses had been lying.

Summary of this case from Rhue v. State
Case details for

Mosley v. State

Case Details

Full title:OLAS MOSLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 2, 1990

Citations

569 So. 2d 832 (Fla. Dist. Ct. App. 1990)

Citing Cases

Toomer v. State

It was, as the defense contends, impermissible for the State to ask a witness if another witness is lying.…

Rhue v. State

Under certain circumstances, such questioning can constitute reversible error. Mosley v. State, 569 So.2d 832…