JEAN CLAUDE PHILIPPE
v.
THE STATE OF FLORIDA
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The trial court properly exercised its discretion in managing the use of an interpreter at trial, and discovery rule violations must be timely objected to at trial to preserve them for appeal.
[1] The use of an interpreter at trial is within the trial court's discretion, provided appropriate procedural safeguards are implemented such as permitting cross-examination…
[2] Non-compliance with discovery rules by the state does not mandate automatic reversal; a defendant must raise a timely objection or request a hearing to preserve the issue…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is well settled that the state's non-compliance with discovery rules does not mandate automatic reversal and, therefore, it is essential that the defendant either raise a timely objection or request a hearing to allow the trial court to specifically rule on the issue.”
Court citing Major v. State on discovery violations and preservation requirements.
Jean Claude Philippe appealed a decision from the Circuit Court for Miami-Dade County, raising issues regarding the trial court's use of an interprete…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Affirmed. See Fernandez v. State, 21 So. 3d 155, 157 (Fla. 4th DCA
2009) (explaining that “[t]he use of an interpreter at trial is a matter within the trial court’s discretion” and noting approval of the trial court’s procedural safeguards including permitting cross-examination of the “State-enlisted” translator); see also Major v. State, 979 So. 2d 243, 244–45 (Fla. 3d DCA
2007) (“It is well settled that the state’s non-compliance with discovery rules does not mandate automatic reversal and, therefore, it is essential that the defendant either raise a timely objection or request a hearing to allow the trial court to specifically rule on the issue.”); Garcia v. State, 327 So. 3d 947,
948 (Fla. 1st DCA 2021) (“Because Appellant did not timely bring the discovery violation to the trial court’s attention, we agree with the State that the argument was not preserved . . . .”); Johnson v. State, 114 So. 3d 1012,
1013–14 (Fla. 5th DCA 2012) (instructing that “[i]n order to preserve improprieties of a trial judge for appellate review, an objection must be made contemporaneously with the prejudicial conduct or comments” and that “not every act or comment with potential to be interpreted as demonstrating less than total neutrality on the part of the trial judge, will be deemed fundamental error”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Philippe v. State, 327 So. 3d 947 (Fla. 3d DCA 2023)…mpliance with discovery rules does not mandate automatic reversal and, therefore, it is essential that the defendant either raise a timely objection or request a hearing to allow the trial court to specifically rule on the issue.”); Garcia v. State, 327 So. 3d 947, 948 (Fla. 1st DCA 2021) (“Because Appellant did not timely bring the discovery violation to the trial court’s attention, we agree with the State that the argument was not preserved . . . .”); Johnson v. State, 114 So. 3d 1012, 1013–14 (Fla. 5th D…
Authorities Cited
- Kendal Major, Jr. v. State, 979 So. 2d 243 (Fla. 3d DCA 2007)
- Fernandez v. State, 21 So. 3d 155 (Fla. 4th DCA 2009)
- Johnson v. State, 114 So. 3d 1012 (Fla. 5th DCA 2012)
- Philippe v. State, 327 So. 3d 947 (Fla. 3d DCA 2023)