Testimony of Defendants Earlier Acts Unrelated to the Crime at Issue Not Anticipatory Rebuttal
In Perry v. State, 801 So. 2d 78 (Fla. 2001), as the first witness of the State's penalty phase case, the State presented the testimony of the defendant's ex-wife about numerous instances of domestic violence. Id. at 90. While the State alleged that defense counsel "opened the door" to this testimony during the guilt phase of the trial by claiming that the defendant was nonviolent, the record did not support this claim. Id.
Thus, the ex-wife's testimony regarding the defendant's prior violent acts, all unrelated to the crime at issue and not offered in support of any aggravating circumstance, constituted impermissible nonstatutory aggravation, not "anticipatory rebuttal." Id.