Legal Opinion

State v. Clark

District Court of Appeal of Florida

Decided October 12, 1994No. 94-03276PublishedCited by 3 opinions

1Opinion of the Court

LAZZARA, Judge.

The State of Florida seeks our certiorari review of the trial court’s order denying its motion to compel the respondent to furnish the names and addresses of witnesses he intends to call at the capital sentencing proceeding to be convened under section 921.141, Florida Statutes (1993), should he be convicted of first-degree murder. We conclude that in denying the motion the trial court deviated from the essential requirements of the law, resulting in a miscarriage of justice to the state. State v. Pettis, 520 So.2d 250 (Fla.1988). Accordingly, we grant certiorari and quash the…

2Cases cited3 opinions

  1. State v. PettisSupreme Court of Florida · 1988
  2. Booker v. StateDistrict Court of Appeal of Florida · 1994
  3. Sexton v. StateDistrict Court of Appeal of Florida · 1994

3Cited by3 opinions

  1. Bailey v. StateDistrict Court of Appeal of Florida · 2012
  2. State v. MossDistrict Court of Appeal of Florida · 2016
  3. State v. MossDistrict Court of Appeal of Florida · 2016

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