Jaheim Nixon v. State of Florida
The First District affirmed an evidentiary ruling admitting a witness's prior consistent statements through a detective under section 90.801(2)(b), Florida Statutes. The court held the cross-examination implicitly charged recent fabrication and improper motive — opening the door — and that the mere fact of the witness's arrest and an ongoing police investigation did not establish that the improper motive already existed when the earlier statement was made. Because the appellant offered nothing beyond the arrest and investigation, he failed to carry his burden of showing an abuse of discretion.
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