PITTS

v.

GAF CORP. ET AL.

Citator

Cited By (26 total)

• Tompkins v. State, 994 So. 2d 1072 (Fla. 2008)
  …as been to ensure that the jury know the facts that might motivate a witness in giving testimony, and that the prosecutor not fraudulently conceal such facts from the jury.” Id. (quoting Smith v. Kemp, 715 F. 2d 1459, 1467 (11th Cir.), cert. denied, 464 U.S. 1003, 104 S.Ct. 510, 78 L.Ed.2d 699 (1983)); accord Alderman v. Zant, 22 F. 3d 1541, 1554 (11th Cir.1994).[N.4] [N.4] See also Dupart v. United States, 541 F. 2d 1148 (5th Cir.1976), wherein the Fifth Circuit analyzed the testimony of a government witne…
• Ventura v. State, 794 So. 2d 553 (Fla. 2001)
  …its progeny has been to ensure that the jury know the facts that might motivate a witness in giving testimony, and that the prosecutor not fraudulently conceal such facts from the jury.” Smith v. Kemp, 715 F. 2d 1459, 1467 (11th Cir.), cert. denied, 464 U.S. 1003, 104 S.Ct. 510, 78 L.Ed.2d 699 (1983). Id. at 400.14 This standard for materiality has clearly been met here. Further, this Court and the federal courts, have considered and rejected the analysis of materiality adopted by the majority today. For ex…
• Routly v. State, 590 So. 2d 397 (Fla. 1991)
  …its progeny has been to ensure that the jury know the facts that might motivate a witness in giving testimony, and that the prosecutor not fraudulently conceal such facts from the jury.” Smith v. Kemp, 715 F. 2d 1459, 1467 (11th Cir.), cert. denied, 464 U.S. 1003, 104 S.Ct. 510, 78 L.Ed.2d 699 (1983). To establish a Giglio violation, Routly must show: (1) that the testimony was false; (2) that the prosecutor knew the testimony was false; and (3) that the statement was material. United States v. Lochmondy, 8…