State v. Barnes

LILES, Judge.

Petitioner, State of Florida, brings its petition for certiorari seeking a review of the trial judge’s pre-trial order admitting into evidence statements of a witness made before an official court reporter, pursuant to notice by defendant (respondent here) of intention to claim alibi. The witness died prior to trial. The statement was taken by the defendant’s counsel in question and answer form, but without notice to the state; and the state had no opportunity to be represented and cross-examine the alibi witness, Charles Cunningham.

The state contests the admission of the…