material witness defense (Florida) · Go Syfert
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material witness defense in Florida

6 Florida opinions name it 1 courts 1989–2019 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. Zamoragreen
fladistctapp · 1988 · cited in 4 Florida opinions naming this issue, 1989–2016
2 sentences

2014A bare allegation that failure to disclose would impede the ability to prepare a defense is not sufficient to require disclosure; the defense must be supported by sworn proof.” (citation omitted)); State v. Zamora, 534 So.2d 864, 868 (Fla. 3d DCA 1988) (providing that “Florida courts have ordered the disclosure of a confidential informant only in cases where the defendant asserted a legally recognized defense to the crime charged, supported that defense with sworn proof, and showed that the confidential informant was a material witness to this defense”).

1989This court reiterated the principle that disclosure of a confidential informant is warranted under the first test under the Roviaro exception, "where the defendant asserted a legally recognized defense to the crime charged, supported that defense with sworn proof, and showed that the confidential informant was a material witness to this defense." Zamora, 534 So.2d at 868 .

24
Meggs v. McCluregreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007However, "[a]ctual prejudice is something more than the mere appearance of impropriety." Meggs v. McClure, 538 So.2d 518, 519 (Fla. 1st DCA 1989).

11
United States v. Ted Johnstongreen
ca7 · 1982 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007The defendant relies on United States v. Johnston, 690 F.2d 638, 644-45 (7th Cir.1982), and argues that Mr. Martinez is a material witness for the defense and, as such, disqualification is required to maintain the appearance of justice.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Roviaro v. United States green
scotus · 1957
1 sentence

2019As to that charge, we found 1) Joshua’s motion to compel the disclosure of the confidential informant’s identity was legally sufficient; and 2) Joshua’s accompanying affidavit satisfied the “initial burden of asserting a legally cognizable defense to the charge of trafficking in crystal meth, which he supported with sworn proof, and established that the confidential informant may be a material witness to his defense, such that the trial court was required to conduct an in camera hearing of the confidential informant and thereafter apply Roviaro [v. United States, 353 U.S. 53 (1957)] and its Fl

12019–2019

Where else courts name it

IL 36 (1974–2026) CA 12 (1915–2020) NY 12 (1990–2022) FL 6 (1989–2019) TX 5 (1973–2015) OR 5 (2015–2023) AR 4 (1995–2011) TN 3 (1980–2005) GA 3 (1919–2011) OH 2 (2002–2002) AL 2 (1986–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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