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5 Florida opinions name it 2 courts 2007–2018 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.
| Case | Followed | Cited |
|---|---|---|
McBride v. Stategreen2 sentences2014See Alexander [v. State], 931 So.2d [946] at 950 [ (Fla. 4th DCA 2006) ]; see also McBride v. State, 913 So.2d 696, 699 (Fla. 1st DCA 2005) (holding that a criminal defendant has a due process right to present evidence and that exclusion of evidence for a defense discovery violation should be imposed only if no other remedy suffices). 2007See Alexander, 931 So.2d at 950; see also McBride v. State, 913 So.2d 696, 699 (Fla. 1st DCA 2005) (holding that a criminal defendant has a due process right to present evidence and that exclusion of evidence for a defense discovery violation should be imposed only if no other remedy suffices). | 2 | 2 |
Patterson v. Stategreen1 sentence2016“If the trial court finds procedural prejudice, it can tailor a just remedial order, but ‘[r]elevant evidence should not be excluded from the jury unless no other remedy suffices.”’ Patterson v. State, 419 So.2d 1120, 1123 (Fla. 4th DCA 1982) (alteration in original) (quoting Cooper v. State, 336 So.2d 1133, 1138 (Fla.1976)), It is well-settled that when a discovery violation is committed by the State, exclusion of the evidence is viewed as an extreme sanction to be employed only as a last resort and only after the court determines no other reasonable alternative exists to overcome the prejudi | 1 | 1 |
Cooper v. Stategreen1 sentence2016“If the trial court finds procedural prejudice, it can tailor a just remedial order, but ‘[r]elevant evidence should not be excluded from the jury unless no other remedy suffices.”’ Patterson v. State, 419 So.2d 1120, 1123 (Fla. 4th DCA 1982) (alteration in original) (quoting Cooper v. State, 336 So.2d 1133, 1138 (Fla.1976)), It is well-settled that when a discovery violation is committed by the State, exclusion of the evidence is viewed as an extreme sanction to be employed only as a last resort and only after the court determines no other reasonable alternative exists to overcome the prejudi | 1 | 1 |
Alexander v. Stategreen1 sentence2007See Alexander, 931 So.2d at 950; see also McBride v. State, 913 So.2d 696, 699 (Fla. 1st DCA 2005) (holding that a criminal defendant has a due process right to present evidence and that exclusion of evidence for a defense discovery violation should be imposed only if no other remedy suffices). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McDuffie v. State
green
2 sentences2018That is especially true when there is “a defense discovery violation, because there are few rights more fundamental than the right of an accused to present evidence or witnesses in his own defense.” Id. at 162-63 (citing McDuffie, 970 So. 2d at 321 ). 2018That is especially true when there is "a defense discovery violation, because there are few rights more fundamental than the right of an accused to present evidence or witnesses in his own defense." Id. at 162-63 (citing McDuffie , 970 So.2d at 321 ). | 3 | 2012–2018 |
Delhall v. State
green
2 sentences2018That is especially true when there is “a defense discovery violation, because there are few rights more fundamental than the right of an accused to present evidence or witnesses in his own defense.” Id. at 162-63 (citing McDuffie, 970 So. 2d at 321 ). 2018That is especially true when there is "a defense discovery violation, because there are few rights more fundamental than the right of an accused to present evidence or witnesses in his own defense." Id. at 162-63 (citing McDuffie , 970 So.2d at 321 ). | 1 | 2018–2018 |
Williams v. State
green
2 sentences2007NOTES [1] The claims on appeal are: (1) the trial court erred in failing to conduct an adequate inquiry under Richardson v. State, 246 So.2d 771 (Fla.1971), regarding a defense discovery violation and by excluding witness Wiggins' testimony and exhibit; (2) the trial court erred in denying the motion to suppress identification of McDuffie by Alex Matias and in restricting cross-examination of Matias and Carol Hopkins; (3) the trial court erred in restricting presentation of "reverse Williams rule" evidence ( Williams v. State, 110 So.2d 654 (Fla. 1959)); (4) the trial court erred in admitting 2007NOTES [1] The claims on appeal are: (1) the trial court erred in failing to conduct an adequate inquiry under Richardson v. State, 246 So.2d 771 (Fla.1971), regarding a defense discovery violation and by excluding witness Wiggins' testimony and exhibit; (2) the trial court erred in denying the motion to suppress identification of McDuffie by Alex Matias and in restricting cross-examination of Matias and Carol Hopkins; (3) the trial court erred in restricting presentation of "reverse Williams rule" evidence ( Williams v. State, 110 So.2d 654 (Fla. 1959)); (4) the trial court erred in admitting | 1 | 2007–2007 |
Richardson v. State
green
1 sentence2007NOTES [1] The claims on appeal are: (1) the trial court erred in failing to conduct an adequate inquiry under Richardson v. State, 246 So.2d 771 (Fla.1971), regarding a defense discovery violation and by excluding witness Wiggins' testimony and exhibit; (2) the trial court erred in denying the motion to suppress identification of McDuffie by Alex Matias and in restricting cross-examination of Matias and Carol Hopkins; (3) the trial court erred in restricting presentation of "reverse Williams rule" evidence ( Williams v. State, 110 So.2d 654 (Fla. 1959)); (4) the trial court erred in admitting | 1 | 2007–2007 |
Ring v. Arizona
green
2 sentences2007NOTES [1] The claims on appeal are: (1) the trial court erred in failing to conduct an adequate inquiry under Richardson v. State, 246 So.2d 771 (Fla.1971), regarding a defense discovery violation and by excluding witness Wiggins' testimony and exhibit; (2) the trial court erred in denying the motion to suppress identification of McDuffie by Alex Matias and in restricting cross-examination of Matias and Carol Hopkins; (3) the trial court erred in restricting presentation of "reverse Williams rule" evidence ( Williams v. State, 110 So.2d 654 (Fla. 1959)); (4) the trial court erred in admitting 2007NOTES [1] The claims on appeal are: (1) the trial court erred in failing to conduct an adequate inquiry under Richardson v. State, 246 So.2d 771 (Fla.1971), regarding a defense discovery violation and by excluding witness Wiggins' testimony and exhibit; (2) the trial court erred in denying the motion to suppress identification of McDuffie by Alex Matias and in restricting cross-examination of Matias and Carol Hopkins; (3) the trial court erred in restricting presentation of "reverse Williams rule" evidence ( Williams v. State, 110 So.2d 654 (Fla. 1959)); (4) the trial court erred in admitting | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.