February 28 opinions from the Fourth

Felton v. State, Backman case. The state charged Felton with robbery, false imprisonment, and attempted sexual battery. The alleged victim was on methadone when the crimes allegedly occurred. Backman would not allow cross into her methadone use because there was no expert testimony on how methadone would affect a person’s ability to perceive. The court held that expert testimony is not necessary when the person admits to using a drug at the time the crime allegedly took place. Backman exacerbated the error by allowing the state to mislead the jury during direct examination. On direct, the state elicited testimony that the victim and her boyfriend were two "innocent lovebirds" who came to Florida for a family vacation. The truth was that the victim and her boyfriend were heroin addicts who came to Florida to attend a methadone clinic. Reversed and remanded.

 

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  • 3/7/2007 10:39 AM big bob wrote:
    this country should govern itself, if someone does you wrong shoot em' in the face. if they still don't get it shoot em' in the foot (: screw government and lawyers fees.

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