Banmah v. State
2012 Fla. App. LEXIS 6372
Fla. Dist. Ct. App.2012Background
- Banmah was convicted of two counts of first-degree murder and one count of armed robbery; sentenced to concurrent life terms; he appeals the judgments and sentences; conviction affirmed.
- Flea market jewelry store robbery resulted in two deaths and one serious injury; victims identified by DNA and eyewitnesses after the mask and jewelry were recovered.
- DNA from the mask matched Banmah; eyewitnesses in a tire shop identified Banmah from photos; a photo lineup led to his arrest; Banmah gave an oral statement at interrogation but denied holding or shooting.
- Pre-trial deposition of Perez claimed black people look similar and troubles identifying faces; trial court refused to admit deposition statements for impeachment; defense cross-examined Perez about identification.
- Autopsy testimony issue: Dr. Hyma testified on cause of death using autopsy records from unavailable Dr. Lew; defense argued confrontation rights; trial admitted substitute examiner per Florida precedent; autopsy reports deemed non-testimonial and admissible for cause of death evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of substitute M.E. testimony | Banmah argues confrontation violation from using substitute M.E. | Banmah contends substitute testimony relies on unavailable autopsy | No error; permissible under Florida precedent. |
| Impeachment value of deposition for Perez | Perez deposition shows difficulty identifying blacks; impeachment should be allowed | Deposition was admissible for impeachment | No error; impeachment would be cumulative; discretion rests with trial court. |
| Autopsy testimony and confrontation rights | Autopsy report is testimonial; substitute M.E. violates confrontation | Non-testimonial autopsy procedure; substitution valid | Autopsy testimony admissible; autopsy reports non-testimonial. |
Key Cases Cited
- Schoenwetter v. State, 931 So.2d 857 (Fla.2006) (allowing substitute M.E. testimony where original M.E. unavailable)
- Linn v. Fossum, 946 So.2d 1032 (Fla.2006) (supporting substitute testimony reliance on autopsy materials)
- Conahan v. State, 844 So.2d 629 (Fla.2003) (allowing substitute M.E. testimony)
- Brennan v. State, 754 So.2d 1 (Fla.1999) (proper to witness testimony where independent conclusions shown)
- Geralds v. State, 674 So.2d 96 (Fla.1996) (proper to admit M.E. testimony without autopsy by same examiner)