Agatheas v. State
77 So. 3d 1232
Fla.2011Background
- Agatheas was arrested in May 2005 for a July 2000 murder; Krauth’s later testimony led to his arrest.
- Police found a backpack in Agatheas’s possession containing a 45-caliber revolver among other items.
- At trial, the State introduced the backpack’s contents, including the revolver; defense did not object.
- Krauth testified about Agatheas’s prior conduct and alleged admission; other physical evidence tied to the crime existed.
- The Fourth District affirmed, holding the revolver corroborated Krauth’s testimony and that other backpack items were admissible or harmless.
- The Florida Supreme Court granted review to address whether a gun unrelated to the crime could be admissible to corroborate a witness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of an unrelated gun | Agatheas | Agatheas | Reversed; gun inadmissible as irrelevant and prejudicial |
| Use of bandana and latex gloves as corroboration | Agatheas | Agatheas | Bandana and gloves inadmissible; not linked to crime or credibility |
| Harmless error and cumulative error | Agatheas | Agatheas | Cumulative error considered; remand for reconsideration |
Key Cases Cited
- Jackson v. State, 25 So.3d 518 (Fla.2009) (must show link between weapon and crime)
- Moore v. State, 1 So.3d 1177 (Fla.5th DCA 2009) (irrelevant firearms should be excluded absent crime linkage)
- Green v. State, 27 So.3d 731 (Fla.2d DCA 2010) (balancing test under 90.403 for firearms evidence)
- Czubak v. State, 570 So.2d 925 (Fla.1990) (photographs' relevance and prejudicial impact on trial)
- Wright v. State, 19 So.3d 277 (Fla.2009) (collateral crimes evidence; probative value vs. propensity)
- Robertson v. State, 829 So.2d 901 (Fla.2002) (limits on using impeachment to admit other acts evidence)
- Castro v. State, 547 So.2d 111 (Fla.1989) (prejudice considerations for extrinsic evidence)