Florida/Georgia Personal Injury & Workers Compensation

...rial court sustained the State's objection. Later, and after reviewing the transcript of the proffered testimony, the trial court announced it would adhere to its ruling because Tims' testimony constituted impermissible opinion evidence. Pursuant to section 90.609, Florida Statutes (1997), a party may use character evidence to attack the credibility of a witness if the evidence relates to the witness's reputation for truthfulness....

...Appellant argues that these were the only witnesses who could testify concerning Heidle's reputation for truthfulness given his limited exposure to others in the months preceding the murder and that the failure to allow this testimony deprived the appellant of a fair trial. Under section 90.609, Florida Statutes (1991), a party may attack the credibility of a person by introducing character evidence in the form of reputation provided that the evidence relates only to the person's reputation for truthfulness....

...Lillie also stated that San's mother and brother expressed opinions that San was not truthful. The trial court did not allow the testimony, finding that the testimony was not based on the perception of the community, but only on the opinions of a small number of people. Section 90.609, Florida Statutes (1999), provides as follows: A party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation, except that: (1) The evidence may refer only to character relating to truthfulness....

...g Rogers v. State, 511 So.2d 526 (Fla. 1987), cert. denied, ___ U.S. ___, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988); Hitchcock v. State, 413 So.2d 741 (Fla. 1982), cert. denied, 459 U.S. 960, 103 S.Ct. 274, 74 L.Ed.2d 213 (1982). See also §§ 90.608 and 90.609, Fla....

...Rogers v. State, 511 So.2d 526 (Fla. 1987), cert. denied, ___ U.S. ___, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988); Hitchcock v. State, 413 So.2d 741 (Fla. 1982), cert. denied, 459 U.S. 960, 103 S.Ct. 274, 74 L.Ed.2d 213 (1982). See also §§ 90.608 and 90.609, Fla. Stat. (1985) and C. Ehrhardt, Florida Evidence § 801.6 (2d. ed. 1984). Section 90.608(1)(c), Florida Statutes (1985) provides that the character of a witness is subject to attack in accordance with the provisions of section 90.609, which states that "[a] party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation." The defense here did not seek to attack the credibility of this witness by her reputation i...

...1977). In Greene we did not address the applicability of McDole, but, instead, we discussed the issue of remand when voluntariness is not clear. [4] Our holding in this matter is consistent with the new Florida Evidence Code, effective July 1, 1979. § 90.609, Fla....

...ibility of the witness by: (1) Introducing statements of the witness which are inconsistent with the witness's present testimony. (2) Showing that the witness is biased. (3) Attacking the character of the witness in accordance with the provisions of § 90.609 or § 90.610....

...The evidence was more than sufficient to sustain Lott's conviction of first-degree murder. In his second issue, Lott asserts that the trial court erred in refusing to permit Whitman's brother to testify regarding Whitman's reputation for untruthfulness. Pursuant to section 90.609, Florida Statutes (1993), a party may use character evidence to attack the credibility of a witness if the evidence relates to the witness's reputation for truthfulness....

...on the ground of truthfulness on previous occasions. The testimony did not seek to call attention to past testimony or statements, but to past pleas of guilty. Obviously, the testimony was not offered as evidence of reputation for truthfulness under section 90.609, Florida Statutes (1983)....

...— (1) Any party, except the party calling the witness, may attack the credibility of a witness by: (a) Introducing statements of the witness which are inconsistent with his present testimony. (b) Showing that the witness is biased. (c) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s....

...section 90.608(1)(b), evidence of lack of competency is allowed under section 90.608(1)(d), and evidence of the witness' general immoral character is allowed under 90.608(1)(c) but limited to evidence of the witness' reputation for untruthfulness by section 90.609 or evidence of a prior conviction by section 90.610....

...The record also reflects that the detective admitted he had been suspended for three days, but denied he had anything to do with suborning perjury, and that subsequently he had been promoted to captain in the department. We find no error in granting the motion in limine. First, under section 90.609, Florida Statutes (1985), a party may attack the character of a witness only by reputation evidence referring to character relating to truthfulness....

has a poor reputation for truthfulness under section 90.609. Accordingly, we cannot agree with the Second

...1986); Lazarowicz v. State, 561 So.2d 392 (Fla. 3d DCA 1990). [3] Section 90.803(23)(a), Florida Statutes (1989) does not apply because the child is over eleven years old. [4] We reject the state's contentions that the Suttons' testimony was properly admitted under section 90.609(2), Florida Statutes (1989)....

...Thereafter she sometimes lived at home, but otherwise was a runaway or in girl's school until 1979, which was the last time he talked to her. He would testify that her reputation for truthfulness at that time was "[v]ery poor" and "[y]ou couldn't believe anything she said." Section 90.609, Florida Statutes (1983), provides in relevant part: A party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation, except that: (1) The evidence may refer only to character relating to truthfulness....

...ty with it on a particular occasion." Propensity for cheating would clearly be inadmissible. Character evidence is only admissible if the party places its character in evidence, and even then, it is only admissible by way of reputation evidence. See § 90.609, Fla....

...This defensive evidence was clearly relevant to show Pancoast's lack of truthfulness regarding his violent nature and to contradict his direct statement to the contrary. Such contradictory evidence is admissible for purposes of impeachment. See Gelabert v. State, 407 So.2d 1007 (Fla. 5th DCA 1981); § 90.609, Fla....

...out the witness' bias, corruption, or lack of competency. Gelabert v. State, 407 So.2d 1007, 1009-1010 (Fla. 5th DCA 1981). The elevator verbal threat which happened several months after the fistfight was irrelevant [1] and failed to meet the test. Section 90.609, Florida Statutes (1987), specifically requires that impeachment of a witness' credibility be by "evidence in the form of reputation," and that the evidence only refer to the witness' "character relating to truthfulness." Evidence of a...

...After reviewing the record, we cannot say that the trial court abused its discretion in excluding the character witnesses, but since we remand for a new trial, we comment on the issue. The commentators on Florida evidence acknowledge that there is some ambiguity regarding the proper interpretation of subsection 90.609(2), Florida Statutes (1989), the wording of which differs slightly from the counterpart Federal Rule of Evidence. Subsection 90.609(2) provides, "evidence of a truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence." Federal Rule of Evidence 608 uses identical language, but adds the phrase "or otherwise" at the end of the sentence. The question is whether subsection 90.609(2) codified preexisting Florida law, or whether the subsection represented a change in the law....

...The words were omitted because of the concern that they would expand the pre-Code law by being *265 interpreted to permit evidence of truthful character after any attack on credibility. The intent of the drafters was to maintain the existing law in Section 90.609(2). C. Ehrhardt, Florida Evidence, § 611.2, at 354 (2d ed. 1984) (emphasis added). "The better view is that Section 90.609(2) did not change the pre-Code law and that the section refers to one of the situations when evidence of truthful character will be admitted." Id. § 609.4, at 333. By its express terms, subsection 90.609(2) allows evidence of truthful character to be admitted "after the character of the witness has been attacked by reputation evidence." In addition, however, Florida law traditionally has recognized that cross-examination can be of such...

...iplinary matter. After a hearing on the motion, the trial court denied DeBolt's motion for a new trial and subsequently rendered a written order denying same. In the instant appeal, DeBolt makes the same argument he made in his motion for new trial. Section 90.609, Florida Statutes (2006), provides that the character of a witness may be attacked only by reputation evidence that refers to character relating to truthfulness....

...erson's reputation. In Larzelere v. State, 676 So.2d 394 (Fla. 1996), the defendant was attempting to impeach a state witness by introducing testimony as to his poor reputation for truthfulness. Impeaching the character of witnesses is authorized by section 90.609, Florida Statutes. Addressing both sections 90.609 and 90.405, our supreme court stated: Essentially, it must be established that the community from which the reputation testimony is drawn is sufficiently broad to provide the witness with adequate knowledge to give a reliable assessment....

...ead Expense Policy did not cover the plaintiff's lost wages. Lastly, since this cause is being remanded for a new trial, we remind the parties that any testimony regarding the plaintiff's reputation in the community must be in strict compliance with section 90.609, Florida Statutes (1989)....

...Section 90.608 provides a complete list of the proper ways to attack a witness' credibility: (1) Introducing statements of the witness which are inconsistent with the witness's present testimony. (2) Showing that the witness is biased. (3) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s....

...(4) Showing a defect of capacity, ability, or opportunity in the witness to observe, remember, or recount the matters about which the witness testified. (5) Proof by other witnesses that material facts are not as testified to by the witness being impeached. Section 90.609(1) permits credibility attacks in the form of evidence that the witness has a poor reputation for truthfulness, but it does not authorize proof of the witness' character for truthfulness or untruthfulness by evidence of specific acts....

...However, there is no provision in the Evidence Code allowing general evidence of "corruptness" as a means of impeaching a witness. The only such admissible evidence is evidence of a prior conviction under section 90.610 or evidence that the witness has a poor reputation for truthfulness under section 90.609....

...tack the credibility of DeBolt's witness regarding a past disciplinary matter. Id. The Second District agreed, stating that the trial court abused its discretion when it allowed the questioning regarding the expert's formal disciplinary proceedings: Section 90.609, Florida Statutes (2006), provides that the character of a witness may be attacked only by reputation evidence that refers to character relating to truthfulness....

...She also stated that after she served as guardian ad litem in this particular case, the same State of Washington judge appointed her to be guardian ad litem in other cases. [2] The concurrence relies on In re: Commitment of DeBolt, 19 So.3d 335 (Fla. 2d DCA 2009). That case, however, was decided under sections 90.609 and 90.610, Florida Statutes....

...Defense counsel explained that the witnesses' testimony would contradict the victim's deposition statements denying these bad acts, and therefore demonstrate that she lies. Character testimony regarding a victim's reputation for truthfulness is admissible. §§ 90.404(1)(b), 90.609, Fla....

...the proposed testimony of the victim's relatives concerning her reputation for truthfulness. As the majority correctly states, character testimony concerning a victim's reputation for truthfulness is admissible in a criminal case. §§ 90.404(1)(b), 90.609, Fla. Stat. (2006); see also Reyes v. State, 580 So.2d 309, 310 n. 4 (Fla. 3d DCA 1991) (noting that Section 90.609(2), Florida Statutes, permits only the admission of "evidence of `character relating to truthfulness' *861 by testimony `in the form of reputation'")....

...the evidence pro and con must refer to the person's general reputation, and not be the individual opinion of the witness. Austin & N.W. Ry. v. McElmurry, 33 S.W. 249, 250 (Tex.Civ.App. 1895). These rules are embodied in the Florida Evidence Code at section 90.609, Florida Statutes (1981)....

...There is no indication in this record that the trial judge ever made such a determination. However, because the defendant did not raise this issue below it is waived. There are only two remaining issues in this case, first, whether evidence of the defendant's alleged prior misconduct was admissible under sections 90.608, 90.609 or 90.610, Florida Statutes (1997), which also provide for impeachment with the use of character evidence....

...addresses the issue of attacking the credibility of a witness by attacking that witness's character, which is what happened in this case. Section 90.608(3) specifically states that character can only be attacked in accordance with the provisions of section 90.609 or 90.610....

...Although this case did involve character evidence, the state was allowed to impeach the defendant in a manner that would ordinarily be impermissible because the defendant opened the door to such questioning during his direct-examination. I further note that Ashcraft does not rely upon or even mention section 90.608(5). Section 90.609 provides for attacking or supporting "the credibility of a witness, including the accused, by evidence in the form of reputation." This statute is clearly not at issue as this is not what the state sought to do below....

...ecount matters, and proof by other witnesses that material facts are not as testified to by the witness being impeached. Section 90.608(3) allows impeachment of the character of the witness by evidence of character relating to truthfulness under section 90.609(1), Florida Statutes, and relating to evidence of certain crimes under section 90.610, Florida Statutes....

...issible to prove action in conformity with it on a particular occasion, except: . . . . (c) Character of witness. —Evidence of the character of a witness, as provided in ss. 90.608-90.610. Section 90.608 deals with "[w]ho may impeach" a witness and section 90.609 defines the "[c]haracter of witness as impeachment." The section relevant to this opinion is 90.610, "[c]onviction of certain crimes as impeachment." Significantly, the statute does not include the lack of a criminal conviction, or as applicable here, the lack of a prior felony charge....

...the witness, may attack the credibility of a witness by: (1) Introducing statements of the witness which are inconsistent with the witness's present testimony. (2) Showing that the witness is biased. (3) Attacking the character of the witness in accordance with the provisions of § 90.609 or § 90.610. (4) Showing a defect of capacity, ability, or opportunity in the witness to observe, remember, or recount the matters about which the witness testified. (5) Proof by other witnesses that material facts are not as testified to by the witness being impeached.” Fla....

Likewise, where a witness is being impeached under section 90.609 based upon his or her reputation in the community

a sufficient community” to be permissible. Section 90.609, Florida Statutes (2002) permits a party to

v. Wallace, 417 So.2d 1022 (Fla.2d DCA 1982); § 90.609(2), Fla.Stat. (1985). Accordingly, we reverse

...Under section 90.608, Florida Statutes (2013), parties can impeach a witness by: “1) introducing statements of the witness which are inconsistent with the witness’s present testimony; 2) showing that the witness is biased; [or] 3) attacking the character of the witness in accordance with the provisions of sections 90.609 or 90.610.” If a party chooses to impeach by attacking the character of a witness, it must do so by admitting evidence in the form of reputation (under section 90.609) or conviction of certain crimes (under section 90.610)....

may only be introduced in one form— reputation. § 90.609, Fla. Stat. (2012). This form of evidence is thought

Likewise, where a witness is being impeached under section 90.609 based upon his or her reputation in the community

the witness in accordance with the provisions of § 90.609 or § 90.610. (4) Showing a defect of capacity

Evidence § 1104 (Rev. ed. 1972). See also section 90.609(2), Florida Statutes (1983). We cannot say

exception is when that character has been attacked. § 90.609, Fla. Stat. Proof of the characteristic is limited