NICOLAS MARTINEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fittipaldi USA, Inc. v. Helio Castroneves, 905 So. 2d 182 (Fla. 3d DCA 2005)
  …disclosed expert testimony was critical to the claims being litigated. We agree that reversal of a jury verdict is entirely appropriate in cases involving critical undisclosed expert testimony that goes to the heart of the litigation. Luis v. State, 851 So. 2d 773 (Fla. 2d DCA 2003); Rose v. Madden & McClure Grove Serv., 629 So. 2d 234 (Fla. 1st DCA 1994). [*187] However, in this case, Castroneves’ claims that he properly terminated the contract with FUSA did not depend on Miller’s expert testimony. Instead,…
• Thomas v. State, 63 So. 3d 55 (Fla. 4th DCA 2011)
  …t set forth in Frye v. United States, 293 F. 1013 (D.C.Cir.1923).” Fla. R.Crim. P. 3.220(b)(l)(A)(i)(7) (2009). Failing to list a witness as an expert, even when the witness is listed as a Category A witness, is a discovery violation. Luis v. State, 851 So. 2d 773, 775-76 (Fla. 2d DCA 2003). “A Richardson hearing is required when there is a ‘possible discovery violation in order to flesh out whether there has indeed been a discovery violation.” Landry v. State, 931 So. 2d 1063, 1065 (Fla. 4th DCA 2006) (emph…
• Kipp v. State, 128 So. 3d 879 (Fla. 4th DCA 2013)
  …3d 55, 59 (Fla. 4th DCA 2011) (finding the state violated its discovery obligation when it listed an officer as a Category A witness but failed to designate him as an expert, and officer testified as an expert in street level drugs); Luis v. State, 851 So. 2d 773, 776 (Fla. 2d DCA 2003) (holding that where the state intended to qualify an officer as an expert in narcotic [*882] investigations, state’s failure to indicate in its discovery exhibit that the officer was an expert witness constituted a discovery…

Authorities Cited

• Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002)