Tarver v. State, 571 So. 2d 98 (Fla. 3d DCA 1990). · Go Syfert
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Tarver v. State, 571 So. 2d 98 (Fla. 3d DCA 1990). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Haynes v. State (fladistctapp, 1999-03-30)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited as authority (rule) Haynes v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
See § 90.803(18), Fla.Stat.; Tarver v. State, 571 So.2d 98, 99 (Fla. 3d DCA 1990).
Retrieving the full opinion text from the archive…
Dexter Shared TARVER
v.
The STATE of Florida
No. 89-432.
District Court of Appeal of Florida, Third District.
Dec 18, 1990.
571 So. 2d 98
Bennett H. Brummer, Public Defender, and John H. Lipinski, Sp. Asst. Public Defender, for appellant., Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.
Cope, Ferguson, Levy.
Cited by 3 opinions  |  Published
PER CURIAM.

Dexter Tarver appeals his convictions for first degree murder, attempted first degree murder, and armed robbery. 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). Contrary to defendant’s contention, we conclude that the reference to Ms. Lewis was within the permissible scope of the State’s cross-examination and did not constitute a comment upon a defendant’s failure to call witnesses within the meaning of the cases relied on by defendant, Crowley v. State, 558 So.2d 529 (Fla. 4th DCA 1990); Lane v. State, 459 So.2d 1145 (Fla. 3d DCA 1984); and Bayshore v. State, 437 So.2d 198 (Fla. 3d DCA 1983).

Affirmed.

State v. Arthur, 390 So.2d 717 (Fla.1980).