BLACKBURN

v.

STRALKA ET AL.

Citator

Cited By (48 total)

• Howell v. State, 418 So. 2d 1164 (Fla. 1st DCA 1982)
  …ses’ memories with time may disadvantage the government far more than the accused because the government carries the burden of proof.” United States v. Avalos, 541 F. 2d 1100, 1110 (5th Cir.), reh. en banc denied, 545 F. 2d 168 (1976), cert. denied, 430 U.S. 970, 97 S.Ct. 1656, 52 L.Ed.2d 363 (1977); cf. United States v. Edwards, 577 F. 2d 883, 889-890 (5th Cir.), cert. denied, 439 U.S. 968, 99 S.Ct. 458, 58 L.Ed.2d 427 (1978).2 Thus, both the purposes of the due process and speedy trial provisions, as wel…
• Taylor v. State, 640 So. 2d 1127 (Fla. 1st DCA 1994)
  …rtley, 678 F. 2d 961 (11th Cir.1982), cert. denied, 459 U.S. 1170, 103 S.Ct. 815, 74 L.Ed.2d 1014 (1983); United States v. McArthur, 419 F.Supp. 186, 194 (D.N.D.), aff'd sub nom., United States v. Caspar, 541 F. 2d 1275 (8th Cir.1976), cert. denied, 430 U.S. 970, 97 S.Ct. 1654, 52 L.Ed.2d 362 (1977). Where the involvement of the military police is pervasive, the exclusionary rule may be applied to suppress evidence seized in violation of the act. Hayes, 921 F. 2d at 102; Taylor v. State, 645 P. 2d 522 (Okla…
• Barber v. State, 438 So. 2d 976 (Fla. 3d DCA 1983)
  …n, 367 So. 2d 251 (Fla. 4th DCA 1979). Affirmed. . It is insufficient to merely generally allege loss of witnesses and failure of memories resulting from pre-arrest delay. United States v. Avalos, 541 F. 2d 1100, 1108 (5th Cir.1976), cert. denied, 430 U.S. 970, 97 S.Ct. 1656, 52 L.Ed.2d 363 (1977). To show a due process violation with respect to missing witnesses, an accused must offer some explanation as to how their testimony would have been favorable and material. Marrero v. State, 428 So. 2d 304 (Fla.…