STATE OF FLORIDA, APPELLANT,
v.
RODNEY CALVIN MCCUTCHEON, APPELLEE
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The court held that the trial court committed reversible error in dismissing the cause based on an alleged Brady violation because the videotape was never in the state's possession.
The appellee was charged with grand theft. On the trial date, he moved to dismiss because the state failed to provide a videotape from the store, clai…
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DOWNEY, Judge.
The State of Florida appeals from an order dismissing this cause based upon an alleged discovery violation.
Appellee was charged with grand theft of merchandise from a Jefferson Ward store. On the trial date, appellee moved to dismiss the charges because Jefferson Ward had a videotape that the state had failed to furnish to appellee. Appellee claimed that he had been ui\able to view the tape; nevertheless, he contended the tape would corroborate his defense. It appears that Jefferson Ward lost the tape and that the state, although it was aware of its existence, had never had possession thereof, nor had it ever seen the tape. Thus, no one knew what the tape might reflect.
Appellee filed a motion to dismiss the cause based on an alleged Brady viola-, tion, i.e., the state had failed to furnish him with material he was entitled to, pursuant to Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). We hold the trial court committed reversible error in granting that motion because no Brady violation was shown. The tape was never in the possession of the state.
Accordingly, we need not discuss appellant’s other points. The judgment appealed from is reversed and the cause is remanded for further proceedings.
REVERSED AND REMANDED.
HERSEY, C.J., and WALDEN, J., concur.
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State v. Courtland Twyman (Fla. 4th DCA 2026)…s Brady material. Thus, there was no legal basis to require production of those documents. Therefore, the trial court could not dismiss the case based on any alleged delay by the state in [*11] producing the Dilks documents. See State v. McCutcheon, 495 So. 2d 931, 931 (Fla. 4th DCA 1986) (reversing dismissal of the information based on an alleged Brady violation where no Brady violation was shown because the videotape at issue was never in the state's possession); State v. Rodriguez, 483 So. 2d 751, 751 (Fla…
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State v. Stouffer (Fla. 4th DCA 2026)…s Brady material. Thus, there was no legal basis to require production of those documents. Therefore, the trial court could not dismiss the case based on any alleged delay by the state in [*11] producing the Dilks documents. See State v. McCutcheon, 495 So. 2d 931, 931 (Fla. 4th DCA 1986) (reversing dismissal of the information based on an alleged Brady violation where no Brady violation was shown because the videotape at issue was never in the state's possession); State v. Rodriguez, 483 So. 2d 751, 751 (Fla…
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State v. Karlin (Fla. 4th DCA 2026)…s Brady material. Thus, there was no legal basis to require production of those documents. Therefore, the trial court could not dismiss the case based on any alleged delay by the state in [*11] producing the Dilks documents. See State v. McCutcheon, 495 So. 2d 931, 931 (Fla. 4th DCA 1986) (reversing dismissal of the information based on an alleged Brady violation where no Brady violation was shown because the videotape at issue was never in the state's possession); State v. Rodriguez, 483 So. 2d 751, 751 (Fla…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)