HENRY T. MACKEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)
  …relief turned on the willfulness vel non of the State’s violation: "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 prej…

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• State v. Acosta, 439 So. 2d 1024 (Fla. 3d DCA 1983)
  …defendants are entitled to an in camera hearing. If the court orders disclosure after an in camera hearing and the state continues to refuse to disclose the informant’s identity, dismissal of the information will then be proper. State v. Weinfurt, 409 So. 2d 1187 (Fla. 4th DCA 1982). Therefore, we reverse the dismissal of the information and remand for a determination whether the defendants are entitled to an in camera hearing. Reversed and remanded. . Furthermore, the record indicates that there was indep…
• State v. Eladio Alfonso, 433 So. 2d 1357 (Fla. 4th DCA 1983)
  …appropriate where the state had no ability to comply with 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 prej…

Authorities Cited

• Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
• Fresneda v. State, 347 So. 2d 1021 (Fla. 1977)
• State v. Miller, 313 So. 2d 656 (Fla. 1975)