Geissler v. State
90 So. 3d 941
| Fla. Dist. Ct. App. | 2012Background
- Geissler, age 56, was married to Vicki Geissler; M.D. was a 4-year-old child in their care.
- M.D. lived with the Geisslers in Pasco County after her parents’ rights were terminated in 2005.
- S.D., M.D.’s father, traveled from West Virginia; he slept in a tent and M.D. visited him at times.
- In 2007–2008, Geissler worked in West Palm Beach, leaving him alone with M.D. on weekends when she was 6-7 years old.
- M.D. reported sexual abuse by Geissler on April 19, 2008; Geissler shot himself the same day after an argument about the allegations.
- Geissler was arrested July 14, 2008; Miranda rights were read and he invoked the right to remain silent, ending interrogation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutor's comments on post-arrest silence | Geissler argues misconduct; comments violated Fifth Amendment rights. | State alleges legitimate evidentiary impact on credibility and guilt. | Reversible error; reversal for new trial. |
| Admission of expert testimony vouching for credibility | Nadkarni’s opinion implied truth of M.D.’s account. | Testimony concerned medical findings and context, not credibility per se. | Reversible error; admission of testimony improper. |
| Defense psychologist’s qualification | Court improperly excluded defense expert as not qualified. | Expert should be allowed as an expert; testimony could aid defense. | No reversible error; appeal on this point failed. |
| Excluded testimony about child’s knowledge of father’s wishes | Testimony would show motive to lie; admissible under theory of bias. | Testimony impermissibly sought third-party motive; misleading. | No error; admissible limit recognized; prejudice mitigated. |
Key Cases Cited
- Simpson v. State, 418 So.2d 984 (Fla. 1982) (comments on silence are unconstitutional errors)
- DiGuilio, 491 So.2d 1129 (Fla. 1986) (high risk error; comments on silence warrant reversal)
- State v. Smith, 573 So.2d 306 (Fla. 1990) (courts must prohibit silent-right comments)
- Branch v. State, 118 So. 13, 15 (1928) (Fla.) (witness cannot testify to third-party undisclosed motive)
- Feller v. State, 687 So.2d 911 (Fla. 1994) (limits on expert testimony about credibility)
- Hitchcock v. State, 636 So.2d 572 (Fla. 4th DCA 1994) (improper expert implication of credibility)
- Price v. State, 627 So.2d 64 (Fla. 5th DCA 1993) (experts cannot convey credibility of child witness)
- Gerry v. State, 855 So.2d 157 (Fla. 5th DCA 2003) (nurse practitioner can testify to physical findings; not credibility)