Allowing to Present Evidence During the Penalty Phase That No Sexual Battery Occurred
In Waterhouse v. State, 596 So. 2d 1008, 1015 (Fla. 1992), the Court ruled that the trial court, which had allowed a defendant convicted of felony murder to present evidence during the penalty phase that no sexual battery occurred, appropriately precluded cross-examination of state witnesses and presentation of evidence that would have called into question the defendant's guilt of the murder. See 596 So. 2d at 1015.
Similarly, in Way v. State, 760 So. 2d 903, 924 (Fla. 2000), we ruled that the trial court did not abuse its discretion in allowing the defense to question police witnesses in an attempt to establish that a fire had not been intentionally set, relevant to the "murder in the course of a felony" aggravator, but precluded questioning on the adequacy of the police investigation, an issue resolved against Way when he was convicted of arson at trial. See 760 So. 2d at 918.