Supreme Court of Florida

Death sentence is vacated and a new penalty phase ordered where the prosecutor's improper cross-examination of defense witnesses constituted inadmissible nonstatutory aggravation. The trial court erred in overruling defense counsel's objection after the prosecutor asked questions regarding unproven prior arrests and the unproven content of a tattoo.

Appellate Information

• Decided 12/11/2008
• Published 12/11/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Paul C. Helm, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Scott A. Browne, Assistant Attorney General, Tampa, FL, for Appellee.