Rivers v. State, 274 So. 3d 537 (Fla. 5th DCA 2019). · Go Syfert
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Rivers v. State, 274 So. 3d 537 (Fla. 5th DCA 2019). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Brianne Middlebrook v. State of Florida (fladistctapp, 2025-03-07)
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examined Cited as authority (rule) Brianne Middlebrook v. State of Florida (5×) also: Cited "see", Cited "see, e.g."
Fla. Dist. Ct. App. · 2025 · confidence medium
While a trial court generally has “broad discretion to impose reasonable limits on cross-examination when it is concerned about, among other things, harassment, prejudice, confusion of the issues, the witness safety, or interrogation that is repetitive or only marginally relevant, the court’s discretion is constrained by a criminal defendant’s Sixth Amendment rights.” Rivera, 274 So. 3d at 540 (internal quotations, alterations and citations omitted). 10 “The trial court does not have the discretion to exclude questions which touch upon interest, motive, or animus.” Tomengo, 864 So.…
Terrell RIVERS
v.
STATE of Florida
Case No. 5D18-3743.
District Court of Appeal of Florida, Fifth District.
Jun 21, 2019.
274 So. 3d 537
Terrell Rivers, Lake City, pro se., No Appearance for Appellee.
Published
PER CURIAM.

Appellant, Terrell Rivers, appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We affirm in all respects except as to Appellant's claim that his counsel was ineffective for failing to object to the admission of dispatch logs.

The record before us does not include the portion of the transcript relevant to the admission of the dispatch logs at trial or otherwise definitively reflect the basis for their admission. Therefore, given Appellant's allegations, the attached record does not conclusively refute Appellant's claim. As such, we reverse and remand for the trial court to either hold an evidentiary hearing or to attach those portions of the record that conclusively refute the claim. We otherwise affirm.

AFFIRMED in part; REVERSED in part; and REMANDED.

ORFINGER, BERGER and EISNAUGLE, JJ., concur.