Legal Opinion

Curry v. State

District Court of Appeal of Florida

Decided February 9, 2009No. 1D07-5952PublishedCited by 13 opinions

1Opinion of the CourtPadovano, J.

The defendant appeals his convictions for attempted robbery and aggravated assault with a firearm. He contends that the trial court erred by failing to hold a hearing on a discovery violation by the state. We agree. A potential witness had given prosecutors a tape recorded statement in which she stated that the defendant had confessed the crimes to her, but the statement was not disclosed to the defense. Because a timely disclosure of the statement might have changed the defense trial strategy, the failure to hold a hearing on the discovery violation cannot be regarded as harmless error.…

2Cases cited10 opinions

  1. Richardson v. StateSupreme Court of Florida · 1971
  2. Scipio v. StateSupreme Court of Florida · 2006
  3. Ramirez v. StateDistrict Court of Appeal of Florida · 1970
  4. Sinclair v. StateSupreme Court of Florida · 1995
  5. Snelgrove v. StateSupreme Court of Florida · 2005

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3Cited by13 opinions

  1. ANTHONY FERRARI v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Johnson v. StateDistrict Court of Appeal of Florida · 2010
  3. Ryan Debord v. State of FloridaDistrict Court of Appeal of Florida · 2014
  4. Harrison v. StateDistrict Court of Appeal of Florida · 2010
  5. ANTHONY FERRARI v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018

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