GARWADE FLASH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARWADE FLASH, APPELLANT,
STATE OF FLORIDA, APPELLEE
930 So. 2d 779
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm without prejudice for appellant to bring this claim in a properly sworn rule 3.850 motion.
STEVENSON, C.J., POLEN and SHAHOOD, JJ., concur.
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Hakim Elghomari v. State, 66 So. 3d 416 (Fla. 4th DCA 2011)…acilitate a “ ‘truthful fact-finding process.’ ” Scipio v. State, 928 So. 2d 1138, 1144 (Fla.2006) (quoting Kilpatrick v. State, 376 So. 2d 386, 388 (Fla.1979)). The chief purpose of such discovery is to prevent “ ‘trial by ambush.’ ” Bell v. State, 930 So. 2d 779, 785 (Fla. 4th DCA 2006) (citation omitted). In particular, Florida Rule of Criminal Procedure 3.220(b)(1)(B) requires the state to disclose to the defendant “the statement of any person” who is a witness pursuant to Rule 3.220(b)(1)(A). The type o…
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THE Florida BAR v. Reid Alexander Cocalis, 959 So. 2d 163 (Fla. 2007)…ld be decided on the merits and not by a lawyer’s stooping to sneaky or underhanded trial tactics. See Colby Materials v. Caldwell Constr., 926 So. 2d 1181, 1183 (Fla.2006) (stressing the importance of deciding cases on their merits); Bell v. State, 930 So. 2d 779, 781 (Fla. 4th DCA) (holding that the state’s failure to timely advise the defendant that a witness intended to recant her earlier deposition testimony was prejudicial error requiring a new trial and that the purpose of the discovery rules is to fac…
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Medrano v. State, 77 So. 3d 863 (Fla. 3d DCA 2012)…al court’s restriction on defense counsel’s ability to prepare for an applicable defense constitutes an abuse of discretion requiring reversal of a defendant’s conviction. Cook v. State, 595 So. 2d 994, 995-96 (Fla. 3d DCA 1992). In Bell v. State, 930 So. 2d 779 (Fla. 4th DCA 2006), the State was permitted to call a former co-defendant to testify at Bell’s trial, to the surprise and over the objection of the defendant.3 Defense counsel sought first to exclude the co-defendant’s testimony and, when that moti…