Tilus v. State, 121 So. 3d 1145

An altercation in a jail led to the defendant’s conviction for battery on a law enforcement officer after a video of the incident was admitted at trial.
The information charging the crime included the defendant’s aliases, which the defense moved to strike but the trial court denied.
During trial, the defendant testified and the State questioned his prior convictions, including a cross-examination that delved into numerous prior felonies.
The jury was instructed on the element that the deputy was lawfully performing his duties, and the court later clarified the meaning of 'lawful' during deliberations.
The jury asked for the meaning of 'lawful performance of his duties' and for guidance on whether the deputy was acting lawfully; the court provided an incomplete and misleading response.
The court ultimately reversed and remanded for a new trial due to improper cross-examination, misleading jury instructions, and the improper use of aliases in the information.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether cross-examination on prior convictions was improper	Tilus opened door by misleading jury; State may probe.	Defendant did not mislead; cross-examination was improper.	Abuse of discretion; reversal for improper cross-examining.
Whether jury instructions on 'lawful performance' were misleading	Instructions correctly stated law and aided deliberations.	Instructions were incomplete and confusing, misdirecting the jury.	Abuse of discretion; reversal for misleading instructions.
Whether aliases on the information were prejudicial and proper to include	Aliases are relevant to identification and case integrity.	Aliases are prejudicial and should be struck.	Reversed and remanded to strike aliases; retrial permitted.

Fotopoulos v. State, 608 So.2d 784 (Fla. 1992) (impeachment of truthful testimony regarding prior convictions)
Stallworth v. State, 53 So.3d 1163 (Fla. 1st DCA 2011) (improper extent of questioning when defendant answers 'maybe' or 'possibly' about convictions)
Baker v. State, 102 So.3d 756 (Fla. 4th DCA 2012) (door opened to further inquiry when defendant downplays convictions)
Brown v. State, 36 So.3d 826 (Fla. 5th DCA 2010) (limits and concerns about juror instruction on law applicability)
Perry v. State, 968 So.2d 70 (Fla. 4th DCA 2007) (elements requiring lawfulness in battery on officer case)
State v. DiGuilio, 491 So.2d 1129 (Fla. 1986) (harmless error standard for reviewing jury instruction errors)
Lee v. State, 410 So.2d 182 (Fla. 2d DCA 1982) (prejudicial effect of alias usage on jury)
D'Allessandro v. United States, 90 F.2d 640 (2d Cir. 1937) (risk of prejudicial alias presentation in federal cases)
Sneed v. State, 397 So.2d 931 (Fla. 5th DCA 1981) (limit of disclosure of convictions when not asked directly)
Fulton v. State, 335 So.2d 280 (Fla. 1976) (impeachment and history of prior convictions)