Supreme Court of Florida

Joseph Eli Bearden, Petitioner v. State of Florida, Respondent

April 16, 201540 Fla. L. Weekly Supp. 208

Summary

The court held that the trial court improperly assessed the credibility of an in-court witness offering testimony about a third party's confession, rejected adequate corroboration supplied by the defendant's own statement, and denied the defendant a due-process opportunity to recall and impeach the third-party declarant. Because these errors affected the central defense theory and created a reasonable probability of an altered verdict, the court quashed the district court's decision and remanded for a new trial. Canady, J., concurring in result, would not have addressed the issue concerning recall of the third-party declarant.