holding that similar fact evidence regarding prior act of sexual misconduct by defendant was properly admitted to show the defendant's "common scheme, plan, or design to sexually exploit his patients," and that such evidence is relevant "even if it is not uniquely similar"
How later courts described this case
- holding that similar fact evidence regarding prior act of sexual misconduct by defendant was properly admitted to show the defendant's "common scheme, plan, or design to sexually exploit his patients," and that such evidence is relevant "even if it is not uniquely similar"
- finding that there was no reasonable expectation of privacy for a psychologist's therapeutic deceptions to convince a current patient to engage in prohibitive sexual conduct with him
- affirming, in prosecution of psychologist for sexual misconduct, admission of testimony of Williams rule witness regarding her experience with appellant twenty years earlier because both she and victim in charged offense were separated from their husbands, neither sought sexual counseling but appellant initiated discussions about sex under the guise of it being relevant to their problems, both were complimented, and both were digitally penetrated in appellant's office during therapy sessions
- finding no abuse of discretion in lower court's admission of prior-act testimony involving another individual from twenty years earlier
Written by the judges who cited it.
The opinion
WARNER, J.,
concurring specially.
I concur in the affirmance of the conviction and the majority’s resolution of the issues regarding the motion for judgment of acquittal and Williams rule evidence, and the constitutional arguments regarding the section of the statute under which appellant was charged and convicted. While I do not disagree with the overbreadth analysis of section one of the statute, I would not reach this issue as appellant has no standing to assert it. See Broadrick v. Oklahoma, 413 U.S. 601, 613-15 , 93 S.Ct. 2908, 2916-18 , 37 L.Ed.2d 830 (1973); New York v. Ferber, 458 U.S. 747, 766-75 , 102 S.Ct. 3348, 3359-63 , 73 L.Ed.2d 1113 (1982); Sandstrom v. Leader, 370 So.2d 3 (Fla.1979); State v. Summers, 651 So.2d 191 (Fla. 2d DCA 1995); Pallas v. State, 636 So.2d 1358 (Fla. 3d DCA 1994), approved, 654 So.2d 127 (Fla.1995).