THE STATE OF FLORIDA, PETITIONER,
v.
WILLIAM HAYNES, RESPONDENT
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PER CURIAM.
Based upon the respondent William Haynes’ confession of error with which we entirely agree, the state’s petition for a writ of certiorari is granted, the order under review excluding a state witness from testifying at trial for failure to appear for numerous defense depositions is quashed, and the cause is remanded to the trial court for further proceedings. See, e.g., State v. Rojas, 508 So. 2d 449 (Fla. 3d DCA 1987); State v. Jackson, 436 So. 2d 985 (Fla. 3d DCA 1983).
Our decision, however, does not preclude the trial court from citing the witness for indirect criminal contempt of court if that action is otherwise deemed proper. See, e.g., Fla.R.Crim.P. 3.220®, 3.840. Nor do we preclude the trial court from continuing the trial of the cause until the witness appears for a defense deposition, while at the same time not charging the defendant with any trial delay for speedy trial purposes. See, e.g., State ex rel Gerstein v. Durant, 348 So. 2d 405, 408 (Fla. 3d DCA 1977); Fla.R.Crim.P. 3.220®.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
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The Honorable Jonathan T. Colby v. McNEILL, 595 So. 2d 115 (Fla. 3d DCA 1992)…172 (Fla.1988); State v. Brown, 527 So. 2d 209 (Fla. 3d DCA), rev. denied, 534 So. 2d 398 (Fla.1988); State ex rel. Betancourt v. Klein, 354 So. 2d 392 (Fla. 3d DCA 1978). . State v. Golden, 571 So. 2d 49, 49-50 (Fla. 3d DCA 1990); State v. Haynes, 557 So. 2d 913, 914 (Fla. 3d DCA 1990); Stephens v. State, 359 So. 2d 21, 22 (Fla. 3d DCA 1978); State v. Banks, 349 So. 2d 736, 737 (Fla. 3d DCA 1977). . See, e.g., State ex rel. Gerstein v. Durant, 348 So. 2d 405 (Fla. 3d DCA 1977).…
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State v. Gonzalez, 695 So. 2d 1290 (Fla. 4th DCA 1997)…may bear some responsibility for bringing the juvenile to court, or continue the ease until the witness appears for a defense deposition, while at the same time not charging the defense with any delay for speedy trial purposes. See State v. Haynes, 557 So. 2d 913 (Fla. 3d DCA 1990); Banks, 349 So. 2d at 737. Based on the foregoing, we hold that the order excluding the witness in this case was a departure from the essential requirements of law. E.g., Cecil, 533 So. 2d at 885-86. The writ of certiorari is gra…
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State v. Pope, 675 So. 2d 165 (Fla. 3d DCA 1996)…mits error when it sanctions the State for the disobedience of its witness by either prohibiting the recalcitrant witness from testifying at trial or dismissing the case altogether. State v. Golden, 571 So. 2d 49 (Fla. 3d DCA 1990); State v. Haynes, 557 So. 2d 913 (Fla. 3d DCA 1990); State v. Hill, 532 So. 2d 1303 (Fla. 2d DCA 1988) (holding that trial court erroneously sanctioned State by dismissing the case when a State witness failed to appear at three deposition appointments). In Granade v. Ader, 530 So.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- State of Fla. ex rel. Richard E. Gerstein v. The Honorable N. Joseph Durant, Jr., 348 So. 2d 405 (Fla. 3d DCA 1977)
- State v. Jackson, 436 So. 2d 985 (Fla. 3d DCA 1983)
- Tole Elec. OF Fla. v. Mel Harris and Francine Harris, 436 So. 2d 985 (Fla. 3d DCA 1983)
- State v. Rojas, 508 So. 2d 449 (Fla. 3d DCA 1987)