Dwayne Lee Lewis v. State of Florida
The Sixth DCA affirmed Lewis's conviction, holding it was bound by Carr v. State to treat the evidentiary challenge as unpreserved because Lewis did not renew his objection at trial despite an adverse pretrial ruling. Recognizing the tension between Carr and the plain language of section 90.104(1) — which states that a definitive pretrial ruling makes renewal unnecessary — the court certified a question of great public importance to the Florida Supreme Court.
Key facts
- Dwayne Lee Lewis was convicted of attempted sexual battery without consent.
- The trial court admitted a recording of Lewis's custodial interview in which law enforcement officers repeatedly opined that he was guilty of the charged offense.
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Holdings
- Under Carr v. State, a party must renew an evidentiary objection at trial to preserve the issue for appeal even after a definitive adverse pretrial ruling, notwithstanding section…
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Why it matters
Though it arises in a criminal appeal, the certified question targets section 90.104(1) of the Florida Evidence Code, which governs preservation of evidentiary objections in all litigation, civil and criminal. If the… — full analysis with a trial
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