ILIAN ANDREY MOREJON-BLAGOEV
v.
STATE OF FLORIDA
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There is no Brady violation where the information is equally accessible to both the defense and prosecution, or where the defense had or could have obtained the information through reasonable diligence.
[1] Exculpatory evidence that is equally accessible to both the defense and prosecution, or of which the defendant was aware, does not constitute a Brady violation.
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Join FLexlaw to unlock all legal intelligence“There is no Brady violation where the information is equally accessible to the defense and the prosecution, or where the defense either had the information or could have obtained it through the exercise of reasonable diligence.”
Floyd v. State, 18 So. 3d 432, 451 (Fla. 2009)
Ilian Andrey Morejon-Blagoev appealed a conviction from Miami-Dade County Circuit Court. The appeal involved allegations of Brady violations regarding…
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Third District Court of Appeal State of Florida
Opinion filed June 25, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-2051 Lower Tribunal No. F21-16614 ________________
Ilian Andrey Morejon-Blagoev, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, William Altfield, Judge.
Carlos J. Martinez, Public Defender, and Amy Weber, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.
Before GORDO, BOKOR and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Floyd v. State, 18 So. 3d 432, 451 (Fla. 2009) (“There is no Brady violation where the information is equally accessible to the defense and the prosecution, or where the defense either had the information or could have obtained it through the exercise of reasonable diligence.”); Owen v. State, 986 So. 2d 534, 547 (Fla. 2008) (“Equally available evidence is not suppressed where ‘the defendant was aware of the exculpatory information.’”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Owen v. State, 986 So. 2d 534 (Fla. 2008)
- Floyd v. State, 18 So. 3d 432 (Fla. 2009)