STATE OF FLORIDA, APPELLANT,
v.
WALTER HILLIARD AND ROBERT CRITCHER, APPELLEES
STATE OF FLORIDA, APPELLANT,
WALTER HILLIARD AND ROBERT CRITCHER, APPELLEES
409 So. 2d 211
Florida District Court of Appeal, Fourth District (1982)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
The state’s numerous violations of discovery rules and court orders directing discovery ultimately led, on the eve of trial, to an order dismissing the information as to appellees, the court having determined on the basis of an evidentiary hearing that the state’s non-compliance was not inadvertent, the violations were substantial, and the defendants were irreparably prejudiced in the preparation of their defense.
The record adequately supports the trial court’s findings and the state has failed to show an abuse of discretion.
AFFIRMED.
DOWNEY and ANSTEAD, JJ., and OWEN, WILLIAM C., JR., (retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)…e twice placed in jeopardy, there is not the slightest indication in the court's decision that double jeopardy was the basis for the dismissal. Indeed, the cases cited in McCloud, State v. Gomez, 419 So. 2d 422 (Fla. 3d DCA 1982), State v. Hilliard, 409 So. 2d 211 (Fla. 4th DCA 1982), and State v. Oliver, 322 So. 2d 638 (Fla. 3d DCA 1975), all of which involved dismissals before trial, indicate that the dismissal in McCloud was simply grounded on the discovery violation. In both Gomez and Hilliard, there are…1 / 2
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State v. Monfre, 435 So. 2d 941 (Fla. 4th DCA 1983)…ANSTEAD, Chief Judge, dissenting: I would uphold the trial court’s ruling on the authority of State v. Hilliard, 409 So. 2d 211 (Fla. 4th DCA 1982).…
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State v. Eladio Alfonso, 433 So. 2d 1357 (Fla. 4th DCA 1983)…h the order. Dismissal of charges and discharge of the defendant is an appropriate sanction for wilful refusal by the state to comply with an order compelling disclosure. See State v. Weinfurt, 409 So. 2d 1187 (Fla. 4th DCA 1982); State v. Hilliard, 409 So. 2d 211 (Fla. 4th DCA 1982). Where the violation is not wilful, however, dismissal is inappropriate. See, e.g., State v. Banks, 418 So. 2d 1059 (Fla. 2d DCA 1982). This is particularly apt where no prejudice has been demonstrated. The state had precious li…
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