HERIBERTO HUERTA, PETITIONER,

v.

MARCIA G. SHEIN, ET AL.

Citator

Cited By

• Foster v. State, 132 So. 3d 40 (Fla. 2013)
  …a v. Zequeira, 659 So. 2d 239, 241 (Fla.1995) (same). More recently, we held that the movant must at least allege facts establishing a prima facie basis for prejudice. See Hampton v. State, 103 So. 3d 98, 112-13 (Fla.2012), cert. denied, _ U.S. _, 133 S.Ct. 2027, 185 L.Ed.2d 892 (2013). In Hampton, we reiterated that the complaining party must establish “not only that the non-disclosed matter was ‘relevant’ ... but also that it is ‘material to jury service in the case.’” Hampton, 103 So. 3d at 112 (quotin…
• Victorino v. State, 127 So. 3d 478 (Fla. 2013)
  …l does not justify its exclusion as evidence; rather, a relevant photograph must be unfairly prejudicial to be excluded.” Hampton v. State, 103 So. 3d 98, 115 (Fla.2012) (citing Sexton v. State, 697 So. 2d 833, 837 (Fla.1997), cert. denied, — U.S.-, 133 S.Ct. 2027, 185 L.Ed.2d 892 (2013)). Accordingly, “just because a photograph is gruesome does not make the photograph inadmissible.” Id. “This Court has upheld the admission of [gruesome] photographs when they [were] offered to explain a medical examiner’s te…