Legal Opinion · Dissent

Ivester v. State

District Court of Appeal of Florida

Decided April 5, 1983No. TT-196Published

1DissentErvin, Judge

I cannot join the majority’s opinion in affirming appellant’s conviction of resisting arrest with violence on the ground of harmless error. The majority states that some of the evidence contained in Officer Butcher’s personnel file was relevant for discovery purposes, and I thoroughly agree. The trial court entered the following findings after reviewing the officer’s file:(a) there are no civil suits pending against Officer Butcher for acts relating to his position as a police officer.(b) on September 13, 1976, Officer Butcher failed to report for duty involving traffic control at a football…

2Cases cited10 opinions

  1. Johnson v. FloridaSupreme Court of the United States · 1981
  2. Palmes v. StateSupreme Court of Florida · 1981
  3. Fulton v. StateSupreme Court of Florida · 1976
  4. Cornelius v. StateSupreme Court of Florida · 1950
  5. Ivester v. StateDistrict Court of Appeal of Florida · 1981

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