JOSEPH SHER, APPELLANT,

v.

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, ETC., ET AL., APPELLEES; PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, ETC., ET AL., APPELLANTS, V. JOSEPH SHER ET AL., APPELLEES

Citator

Cited By (22 total)

• Peek v. State, 395 So. 2d 492 (Fla. 1980)
  …a criminal defendant must have an opportunity to inspect physical evidence which is to be used against him, Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Barnard v. Henderson, 514 F. 2d 744 (5th Cir. 1975); Johnson v. State, 249 So. 2d 470 (Fla. 3d DCA 1971), cert. discharged 280 So. 2d 673 (Fla. 1973), such a right, like most others, may be waived. In this case appellant made demand for discovery of reports and results of scientific tests and experiments, to which the state responded…
• Salvatore v. State, 366 So. 2d 745 (Fla. 1978)
  …ficer; that defendant had demanded the right to listen to or copy the recording, but the recording was “lost.” In support of the motion defendant relied upon Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); and Johnson v. State, 249 So. 2d 470 (Fla.3d DCA 1971); as well as Farrell v. State, 317 So. 2d 142 (Fla.1st DCA 1975). In Farrell v. State, supra, the court held that the State’s unintentional destruction of a tape recording of a drug transaction, of which defendants were charged, af…
• Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978)
  …ce was adduced was not available to the state at the time of trial. Baum v. State, 353 So. 2d 936 (Fla. 3d DCA 1978); Butler v. State, 348 So. 2d 627 (Fla. 3d DCA 1977). Defendant nonetheless contends that this court’s decision in Johnson v. State, 249 So. 2d 470 (Fla. 3d DCA 1971), cert. dischgd., 280 So. 2d 673 (Fla.1973), controls the instant situation. In Johnson, the particular bullet which had killed the victim was unavailable to the defense. This court found reversible error in the trial court’s denia…

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Authorities Cited

• Cruger v. Allstate Ins. Co., 162 So. 2d 690 (Fla. 3d DCA 1964)
• Dade-Commonwealth Title Ins. Co. v. N. Dade BAR Ass'n, Inc., 152 So. 2d 723 (Fla. 1963)