RICHARD HICKS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Richard Hicks was convicted of two counts of robbery and one count of unlawful possession of a firearm. The Florida Supreme Court held that discovery rule 3.200 requires the state to disclose not only witnesses who directly rebut an alibi, but also witnesses whose testimony impeaches the credibility of an alibi witness, reversing the district court's distinction between these categories.
Rule 3.200 applies to all witnesses the prosecutor knows or reasonably should know about, and it embraces both those called to rebut the alibi and those called to impeach the testimony of the alibi witness. The distinction between direct rebuttal and credibility impeachment is invalid.
[1] A criminal rule of discovery requiring disclosure of alibi rebuttal witnesses applies to witnesses who impeach the credibility of an alibi witness, not just those who dir…
[2] The purpose of discovery rules in criminal procedure is to eliminate surprise and reduce the opportunity for manufactured false alibis.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 3.200, RCrP is a part of the general discovery rules incorporated into the criminal procedure of this state. Like all discovery, it is reciprocal, affording the state and defendant alike an opportunity to eliminate surprise and lessens the opportunity for manufactured false alibis.”
Establishes the purpose of discovery rules in criminal procedure to ensure fairness and prevent tactical surprise
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Join FLexlaw to unlock all legal intelligenceHicks filed a notice of alibi claiming he was at his mother's home at 3:30 p.m. on February 11, 1976, the time of the offense. His sister, Albertha St…
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McDONALD, Justice.
This cause is before us on petition to review a district court decision affirming Hicks’ conviction of two counts of robbery and one count of unlawful possession of a firearm while engaged in a criminal offense.1 Our jurisdiction is based on conflict between that decision and Smith v. State, 319 So. 2d 14 (Fla.1975), and Watson v. State, 291 So. 2d 661 (Fla. 4th DCA 1974). Art. V, § 3(b)(3), Fla.Const. (1972). We quash the instant district court decision.
Before his jury trial, Hicks filed both a notice of alibi and a motion to compel the state to furnish a list of rebuttal witnesses. See Fla.R.Crim.P. 3.200. At trial Hicks’ alibi was that at 3:30 p.m. on February 11, 1976 (the time of the offense), he was at his mother’s home at a party given in his hon-or. Albertha Stanley, his sister and only alibi witness, testified that after her shift at North Dade Hospital she immediately went to her mother’s home and found Hicks there at 3:30 p. m.
The state, in rebuttal, called the records custodian at North Dade Hospital who testified that Ms. Stanley did not work at the hospital on February 11, 1976. Hicks objected to the records custodian’s testimony because the custodian was not listed by the state as an alibi-rebuttal witness under rule 3.200.
Allowing the testimony, the court drew a distinction between testimony that directly rebuts a defendant’s alibi and testimony which discredits an alibi witness. The court held that the latter testimony does not come within the disclosure provision of rule 3.200.On appeal, the district court affirmed, finding that testimony impeaching the credibility of Hicks’ witness did not directly rebut his alibi.
On almost identical facts, the Fourth District Court reached the opposite conclusion in Watson. In Smith, although the rebuttal witness’s testimony went directly to the alibi, this Court recited the Watson court’s rationale: “Rule 3.200, RCrP is a part of the general discovery rules incorporated into the criminal procedure of this state. Like all discovery, it is reciprocal, affording the state and defendant alike an opportunity to eliminate surprise and lessens the opportunity for manufactured false alibis. Like all discovery procedures, fairness is the watchword. . . . The rule mandates that each party is under a continuing duty to disclose the names and addresses of additional witnesses. . . . ”
319 So. 2d at 17. Discovery has been adopted as part of our procedural rules to improve our system of justice. It is a tool intended, inter alia, to abolish the tactical element of surprise in our adversary trial process. Dodson v. Persell, 390 So. 2d 704, 706 (Fla.1980).
In our view the distinction sought to be made by the Third District Court of Appeal is invalid. Interpreting Federal Rule of Criminal Procedure 12.1,2 the Fifth Circuit Court of Appeals in United States v. Myers, 550 F. 2d 1036 (5th Cir. 1977), held that such a distinction thwarts the rule’s purpose of making criminal trials fairer. Rule 3.200 applies to all witnesses of whom the prosecutor knows or reasonably should know. It embraces those witnesses called to rebut the alibi, as well as those witnesses called to impeach the testimony of the alibi witness.
We therefore quash the district court’s decision with instructions to remand this cause for proceedings consistent with this opinion.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON and ENGLAND, JJ., concur. ALDERMAN, J., dissents with an opinion.
. Hicks v. State, 378 So. 2d 1342 (Fla.3d DCA 1980).
. This rule is almost identical to Fla.R.Crim.P. 3.200.
ALDERMAN, Justice,
dissenting.
I would deny review of the district court decision because it does not conflict with Smith v. State, 319 So. 2d 14 (Fla.1975), and Watson v. State, 291 So. 2d 661 (Fla. 4th DCA 1974), and we are therefore without jurisdiction to decide this case on the merits. The district court, in this case of first impression, held that because the testimony of the witness, who did not appear on the State’s list of rebuttal witnesses, impeached the credibility of defendant’s alibi witness and not the alibi itself, the trial court was correct in permitting its introduction.
Both Smith and Watson deal with witnesses who directly rebutted the alibi, not with witnesses who impeached the credibility of alibi witnesses. In Smith, the testimony of the rebuttal witness, whose name had not been supplied to defendant, directly refuted defendant’s claim that he was at a certain designated place making a phone call at the time of the charged crimes. Likewise, in Watson, the testimony of the rebuttal witness “totally obliterated appellant’s alibi.” 291 So. 2d at 662.
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Smith v. State, 500 So. 2d 125 (Fla. 1986)…l. The [*127] admission of the statement as rebuttal evidence does not make it any more appropriate than admitting it during direct examination. There is neither a “rebuttal” nor an “impeachment” exception to the Richardson rule. See Hicks v. State, 400 So. 2d 955, 956 (Fla.1981); Kilpatrick, 376 So. 2d at 388; Donahue v. State, 464 So. 2d 609, 612 (Fla. 4th DCA 1985). Accordingly, we answer the certified question in the affirmative, and approve the decision of the court below. It is so ordered. ADKINS, BO…
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Hodges v. State, 403 So. 2d 1375 (Fla. 5th DCA 1981)…te. Because this case must be reversed, we need not discuss all the other points appellant raises on appeal but we do note that at this time there is no question but that the State must furnish the names of known rebuttal witnesses. Hicks v. State, 400 So. 2d 955 (Fla.1981); Witmer v. State, 394 So. 2d 1096 (Fla. 1st DCA 1981). If the State fails to make such discovery before the State can use such rebuttal witness the trial court must comply with the requirements of Richardson v. State, 246 So. 2d 771 (Fla.…
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Donahue v. State, 464 So. 2d 609 (Fla. 4th DCA 1985)…Fla.1980). To achieve these goals, the rule has been given the broadest possible reach. It applies to both parties, Bradford v. State, 278 So. 2d 624 (Fla.1973), and to all phases of the trial — rebuttal as well as the case-in-chief. Hicks v. State, 400 So. 2d 955 (Fla.1981). Moreover, the failure to conduct a Richardson hearing is per se reversible error. Cumbie v. State, 345 So. 2d 1061 (Fla.1977); but cf. Cuciak v. State, 410 So. 2d 916 (Fla.1982) (failure to conduct a Richardson hearing may be harmless er…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Myers, 550 F.2d 1036 (5th Cir. 1977)
- Dodson v. Persell, 390 So. 2d 704 (Fla. 1980)
- Ruvel Smith v. State, 319 So. 2d 14 (Fla. 1975)
- Watson v. State, 291 So. 2d 661 (Fla. 4th DCA 1974)
- Hicks v. State, 378 So. 2d 1342 (Fla. 3d DCA 1980)