Brown v. State, 391 So. 2d 729 (Fla. 3d DCA 1980). · Go Syfert
Brown v. State, 391 So. 2d 729 (Fla. 3d DCA 1980). Cases Citing This Book View Copy Cite
24 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: DANIEL MEDINA v. STATE OF FLORIDA (fladistctapp, 2018-09-05)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) DANIEL MEDINA v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
“Evidence of a defendant’s acts or statements calculated to defeat or avoid his prosecution is admissible against him as showing consciousness of guilt.” Brown v. State, 391 So. 2d 729, 730 (Fla. 3d DCA 1980).
discussed Cited as authority (rule) Tarver v. State
Fla. Dist. Ct. App. · 1990 · confidence medium
We conclude that the defendant’s prior statements at the Arthur hearing * were properly admitted both in the State’s case in chief and for impeachment of defendant after defendant took the stand, under the controlling and indistinguishable authority of Brown v. State, 391 So.2d 729, 730 (Fla. 3d DCA 1980); see also Walker v. State, 495 So.2d 1240, 1241 (Fla. 5th DCA 1986).
cited Cited as authority (rule) Moore v. State
Fla. Dist. Ct. App. · 1988 · confidence medium
Brown v. State, 391 So.2d 729, 730 (Fla. 3d DCA 1980).
cited Cited "see" State v. Frazier
Fla. Dist. Ct. App. · 1982 · signal: see · confidence high
See Brown v. State, 391 So.2d 729 (Fla.3d DCA 1980).
Retrieving the full opinion text from the archive…
Mervin BROWN, Appellant,
v.
The STATE of Florida, Appellee.
78-1397.
District Court of Appeal of Florida, Third District.
Dec 23, 1980.
391 So. 2d 729
Barkdull, Baskin and Daniel S. Pearson.
Cited by 22 opinions  |  Published

[*730] Bennett H. Brummer, Public Defender and Alan R. Dakan, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Susan Minor, Asst. Atty. Gen., and Michael A. Vandetty, Legal Intern, for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

Mervin Brown contends that we should overturn his robbery conviction because the trial court allowed the State to prove in its case in chief that Brown was not, as he had stated in a voluntary post-arrest interview, employed by a certain concern on the date of the robbery. He flatly tells us that where the State elicits from its own witness the defendant's alibi, the State may not impeach that alibi unless and until the defendant adopts it or has an opportunity to deny or explain his statement. We just as flatly disagree.

Evidence of a defendant's acts or statements calculated to defeat or avoid his prosecution is admissible against him as showing consciousness of guilt. See, e.g., Mackiewicz v. State, 114 So.2d 684 (Fla. 1959), cert. denied, 362 U.S. 965, 80 S.Ct. 883, 4 L.Ed.2d 879 (1960); Spinkelink v. State, 313 So.2d 666 (Fla. 1975), cert. denied, 428 U.S. 911, 96 S.Ct. 3227, 49 L.Ed.2d 1221. See also United States v. Myers, 550 F.2d 1036 (5th Cir.1977), appeal after remand, 572 F.2d 506, cert. denied, 439 U.S. 847, 99 S.Ct. 147, 58 L.Ed.2d 149 (1978); United States ex rel. Royster v. McMann, 292 F. Supp. 116 (E.D.N.Y. 1968) (exculpatory statements, when shown to be false, become inculpatory and are to be treated as admissions); Wilson v. United States, 162 U.S. 613, 16 S.Ct. 895, 40 L.Ed. 1090 (1895); United States v. Boekelman, 594 F.2d 1238 (9th Cir.1979); Fox v. United States, 381 F.2d 125 (9th Cir.1967); Holt v. United States, 272 F.2d 272 (9th Cir.1959) (the destruction, suppression or fabrication of evidence is relevant to prove guilt).

The evidence in the present case was not introduced to impeach Brown, but to show that Brown lied about his whereabouts on the day of the crime. This was substantive evidence tending to prove Brown's guilt and was admissible in the State's case in chief. United States v. Merrill, 484 F.2d 168 (8th Cir.1973) (where the Government introduced in its case in chief both the defendant's statement that he had never been in the state where the crime was committed and proof that the defendant had been in the state the day the crime was committed); Matthew v. State, 263 Ind. 672, 337 N.E.2d 821 (1976) (where the state introduced in its case in chief the defendant's grand jury testimony that he had been at a certain friend's house on the night the crime was committed and the friend's testimony that the defendant was not at her house that night). See also United States v. Holbert, 578 F.2d 128 (5th Cir.1978) ("the [defendant's] argument overlooks a long line of authority which recognizes that false exculpatory statements may be used not only to impeach, but also as substantive evidence tending to prove guilt."); United States v. Pistante, 453 F.2d 412 (9th Cir.1971) (the defendant's pre-trial explanations were admissible in the Government's case in chief to prove consciousness of guilt and unlawful intent, even though defendant was not going to take the stand); Douglas v. State, 89 So.2d 659 (Fla. 1956) (where, in dicta, the court stated that under circumstances where "one accused of a[*731] crime might deny guilt and then offer a false alibi, a false denial that he owned a weapon of the type employed in committing the crime or a similar statement that could be disproved independently of the proof of the commission of the crime by the defendant," proof of such false statement is evidence tending to show the defendant's guilt).

Brown's remaining points on appeal have been considered and found to be without merit.

Affirmed.