Mitchum v. State
The First DCA affirmed an armed robbery conviction, holding that the trial court properly allowed the State to call a codefendant witness whose prior sworn statements (from his own sentencing hearing and a deposition) inculpated the defendant, even though the witness recanted and claimed memory loss at trial. The court held that because the witness's claimed memory loss was found by the trial court to be insincere, his trial testimony was truly 'inconsistent' with his prior statements, making those statements substantively admissible under section 90.801(2)(a) rather than mere impeachment-only hearsay. The court also held any error would have been harmless given overwhelming independent evidence of guilt.
Key facts
- Defendant was convicted of armed robbery in trial court.
- State called a codefendant witness who had given prior sworn statements at his sentencing hearing and in a deposition inculpating the defendant, but recanted at trial and claimed memory loss.
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Why it matters
This opinion gives prosecutors and defense counsel a workable framework for the recurring issue of calling a cooperating codefendant or turncoat witness who is expected to recant or claim memory loss: if the trial court… — full analysis with a trial
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