Federal Property Management Corp. v. Department Health and Rehabilitative Services

We have for review Edwards v. State, 530 So.2d 936 (Fla. 4th DCA 1988), in which the district court held that Edwards was not entitled to cross-examine the aggravated battery victim regarding her past drug use and treatment. The victim had used drugs and had undergone treatment for drug use years prior to the offense, and Edwards intended to show that such drug use detrimentally affected the victims recollection of events in issue at the trial. We find conflict with Duncan v. State, 450 So.2d 242 (Fla. 1st DCA 1984); Cruz v. State, 437 So.2d 692 (Fla. 1st DCA 1983); and Morrell v. State, 335 So.2d 836 (Fla. 1st DCA 1976). The district court in the instant case acknowledged conflict with Cruz and Morrell. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. For the reasons expressed, we approve the decision of the district court in the instant case.