STATE OF FLORIDA, APPELLANT,

v.

ROBERT V. MALLORY, BARRY F. MALLORY AND LAVINIA E. MALLORY, APPELLEES

Citator

Cited By

• Brown v. State, 165 So. 3d 726 (Fla. 4th DCA 2015)
  …nformation disclosed by the prosecution pursuant to a discovery request under rule 3.200.” McArthur v. State, 671 So. 2d 867, 870 (Fla. 4th DCA 1996). The “[fjailure to give all of the required information is a discovery violation.” Kucher v. State, 758 So. 2d 1165, 1166 (Fla. 2d DCA 2000). Moreover, “[t]he fact that the existence of the statement was previously revealed to the defendant does not mean that the state complied with the discovery rules.” D.R. v. State, 588 So. 2d 327, 328 (Fla. 4th DCA 1991) (fin…
• Powell v. State, 912 So. 2d 698 (Fla. 2d DCA 2005)
  …depose a known witness “is insufficient to overcome the state’s failure to inform the defense of a statement made by the defendant to which the witness testifies.” Rainey v. State, 596 So. 2d 1295, 1296 (Fla. 2d DCA 1992); see also Kucher v. State, 758 So. 2d 1165, 1166 (Fla. 2d DCA 2000) (stating that failure to inform the defendant of oral admissions the defendant made during execution of a search warrant was a discovery violation); Mason v. State, 654 So. 2d 1225, 1226-27 (Fla. 2d DCA 1995) (determining th…
• Ferrari v. State, 260 So. 3d 295 (Fla. 4th DCA 2018)
  …349 So. 2d 178 (Fla. 1st DCA 1977). The law requires the disclosure of the substance of any statements made and known by the state to exist as well as the identity of the person to whom it was made. Id. (emphasis added); see also Kucher v. State , 758 So. 2d 1165, 1166 (Fla. 2d DCA 2000) (finding the State committed a discovery violation by failing to provide defense with oral statement of defendant, even though the State's discovery notice had stated that there were statements by the defendant; "[t]he fact…

Authorities Cited

• State v. Wichmann, 726 So. 2d 380 (Fla. 2d DCA 1999)