Perry v. Bradshaw

I respectfully dissent for reasons similar to those which Judge Thomas expressed in his dissent in Evans v. Seagraves, 922 So.2d 318 (Fla. 1st DCA 2006).

The majority opinion in Evans, which the majority follows here, interprets Florida Rule of Criminal Procedure 3.133(b) as prohibiting a finding of probable cause based on hearsay alone at an adversary preliminary hearing simply because the rule requires the state to produce witnesses and allows the defendant to cross-examine those witnesses. Evans, 922 So.2d at 321-22. I disagree with that interpretation. Instead, I agree with Judge Thomas’s…