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Fla. Stat, (1981) - Florida State University College of Law

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Pernutting the reputation testby. <strong>of</strong> Detective mi;ttlm ws error. Ihe<br />

evidence was dmmgbg because FJ1wdvs testinmy was that silly Lmq had told<br />

him that the defendant was not involved in the mder <strong>of</strong> Nancy Shepard, and that<br />

The remedy is a new trial.<br />

During the prosecutor's cross-examination <strong>of</strong> defense witness Richard<br />

Ellwood, the prosecutor inquired into the nature <strong>of</strong> the witness's prior convictions,<br />

response to the hterrogation. IT. 1780-1781)<br />

lzle rule in <strong>Florida</strong> has long been established that any witness who testifies<br />

<strong>of</strong> the convictions for the direct examiner to first aEk these questions.<br />

Leonard v. Skte, 386 So. 2d 51 (<strong>Fla</strong>. 2d D.C.A. 1980). No additional questioning<br />

is pxmitted. IkArthur v. - Cook, 99 So. 2d 565 (<strong>Fla</strong>. 1957), Mnard, supra.<br />

The interrogation <strong>of</strong> a critical defcmse witness Fy the prospcution to the<br />

extent that the witness asserted his privilege aqainst Felf-incrimination was<br />

clearly irclDroEr and was certainly'damgkg to the wit-necsq rredibility.<br />

his testbony was. that: Billy Lnng had told him that FDbert Parker did not<br />

Recause<br />

participte in Nancy Sheppard's &er, his credibility was most important to the<br />

Page -59-

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