IRVIN RICHARD BEVERITT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McDUFFIE v. State, 970 So. 2d 312 (Fla. 2007)
  …but additional constitutional considerations are involved when a defense witness is excluded. This is because “[t]here are few rights more fundamental than the right of an accused to present witnesses in his or her own defense.” Alexander v. State, 931 So. 2d 946, 950 (Fla. 4th DCA) (quoting Jenkins v. State, 872 So. 2d 388, 389 (Fla. 4th DCA 2004)) (alteration in original), review denied, 944 So. 2d 988 (Fla.2006). In this case, defense counsel explained that Wiggins’ name had been inadvertently listed as…
• Tengbergen v. State, 9 So. 3d 729 (Fla. 4th DCA 2009)
  …ion of this court that a court should refrain from telling the jury that the witness’s testimony is being admitted as “expert testimony,” because that may be tantamount to the court commenting on the credibility of a witness. See Alexander v. State, 931 So. 2d 946, 951 (Fla. 4th DCA 2006) (“the better procedure would have been to permit the witness to testify without reference to his or her status as an expert”). See also Chambliss v. White Motor Corp., 481 So. 2d 6, 8 (Fla. 1st DCA 1985) (“[I]t is not necess…
• Scott v. State, 17 So. 3d 766 (Fla. 4th DCA 2009)
  …of the circumstances surrounding the defense’s discovery violation and its showing of prejudice. A trial judge’s decision to exclude evidence is reviewed for abuse of discretion. Welty v. State, 402 So. 2d 1159, 1163 (Fla.1981); Alexander v. State, 931 So. 2d 946, 949 (Fla. 4th DCA 2006). Florida Rule of Criminal Procedure 3.220(d)(1)(A), requires the defense to furnish the state with a list of witnesses it expects to call at trial within a certain time period. Under Rule 3.220(n)(1), if the trial judge find…

Authorities Cited

• Chutney Oxendine v. State, 852 So. 2d 286 (Fla. 5th DCA 2003)