ALFONSO RAMIREZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rodriguez v. State, 609 So. 2d 493 (Fla. 1992)
  …pt to secure the witness’ attendance had been made. See Spicer v. Metropolitan Dade County, 458 So. 2d 792, 795 (Fla. 3d DCA 1984) (proponent of former testimony must establish that it took reasonable steps to procure the witness); McClain v. State, 411 So. 2d 316, 317 (Fla. 3d DCA 1982) (proponent of former testimony must establish what steps it took to secure appearance of witness). Although counsel served Mr. Montalvo with a standby subpoena for January 22, counsel took no other reasonable steps to ensure…
• Lawrence v. State, 691 So. 2d 1068 (Fla. 1997)
  …who seeks to use the testimony. § 90.804(1), (2)(a), Fla. Stat. (1993); Thompson v. State, 619 So. 2d 261 (Fla.), cert. denied, 510 U.S. 966, 114 S.Ct. 445, 126 L.Ed.2d 378 (1993); Jackson v. State, 575 So. 2d 181, 187 (Fla.1991); McClain v. State, 411 So. 2d 316 (Fla. 3d DCA 1982). The record shows the state’s investigator, Tom Tucker, located Gardner the weekend before trial at a state park campground. Although Gardner initially told Tucker she would voluntarily appear on Monday morning, she did not show…
• Priestly v. State, 450 So. 2d 289 (Fla. 4th DCA 1984)
  …if that evidence is “devastating,” or “critical,” i.e. if without that evidence the prosecution could not have proved its case. Compare Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981), and United States v. Fielding, supra, with McClain v. State, 411 So. 2d 316 (Fla. 3d DCA 1982). Another argument needing some discussion is appellants’ contention that the state’s failure to introduce into evidence the marijuana that Angel, Priestly, Jr., and Poynter packed into the trunks of the two cars was a fatal weakn…

Authorities Cited

• Jacobson v. State, 375 So. 2d 1133 (Fla. 3d DCA 1979)
• James v. State, 334 So. 2d 83 (Fla. 3d DCA 1976)
• Fuller v. State, 334 So. 2d 83 (Fla. 3d DCA 1976)
• Nunez v. State, 367 So. 2d 268 (Fla. 3d DCA 1979)