ALFRED JAMES ODOMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Duty To Disclose cases and more on FLexlaw
PER CURIAM.
AFFIRMED.
LETTS, C.J., and DOWNEY, J., concur. HURLEY, J., concurs specially with opinion.
HURLEY, Judge,
concurring specially.
I concur in the affirmance because I am satisfied that the trial court’s inquiry, albeit brief, into the circumstances of the state’s discovery violation was adequate to allow the court, in its discretion, to determine that the defendant was not prejudiced by the state’s violation. At the same time, it bears repeating that this court will not countenance trial by ambush. The state has an affirmative duty, upon demand, to furnish full discovery. In particular, when the defendant has made an oral statement, the state must do more than answer “yes” on a printed discovery form. Rule 3.220(a)(l)(iii), Fla.R.Crim.P., requires the state to divulge “the substance of any oral statements ... together with the name and address of each witness to the statements.” The printed discovery form now in use in the Fifteenth Judicial Circuit fails to satisfy this aspect of the rule. As the case at bar indicates, the present format of the local discovery form can be a trap for the prosecution and the defense alike; it should be corrected to assure full compliance with the rule.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Raffone v. State, 483 So. 2d 761 (Fla. 4th DCA 1986)…g: Reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons. Rule 3.220(a)(l)(x), Fla.R.Crim.P.; see also Odoms v. State, 431 So. 2d 1041 (Fla. 4th DCA 1983) (Hurley, J., concurring) (state, to avoid trial by ambush, has an affirmative duty to furnish full discovery) (emphasis in original). In Richardson v. State, 246 So. 2d 771 (Fla.1971), the Florida Supreme Court established the g…
-
Donahue v. State, 464 So. 2d 609 (Fla. 4th DCA 1985)…o satisfy this aspect of the rule. As the case at bar indicates, the present format of the local discovery form can be a trap for the prosecution and the defense alike; it should be corrected to assure full compliance with the rule. Odoms v. State, 431 So. 2d 1041 (Fla. 4th DCA 1983) (Hurley, J., concurring); see also Potts v. State, 399 So. 2d 505 (Fla. 4th DCA 1981); Brey v. State, 382 So. 2d 395 (Fla. 4th DCA 1980). The unresolved issue in this case is whether the trial court was obligated to conduct a Ri…
-
Ferrari v. State, 260 So. 3d 295 (Fla. 4th DCA 2018)…violation prejudiced the defendant's ability to prepare for trial). Here, the State is charged with the knowledge of the tapes in the possession of the police. In Blatch v. State , 495 So. 2d 1203, 1204 (Fla. 4th DCA 1986) (quoting Odoms v. State , 431 So. 2d 1041 (Fla. 4th DCA 1983) ) (emphasis in original), we explained that "[t]he state has an affirmative duty, upon demand, to furnish full discovery" to the defense. There, the State had disclosed exculpatory statements of the defendant, but it had failed t…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence