James Warmington v. State of Florida

The conflict issue in this case concerns whether testimony elicited by the State during a criminal trial involving a defendant’s failure to produce exculpatory evidence impermissibly shifted the burden of proof from the State'to the defendant. In Warmington v. State, 86 So.3d 1188, 1192 (Fla. 3d DCA 2012), the Third District Court of Appeal held that such testimony did not shift the burden of proof because the testimony consisted only of “historical fact[s]” and involved actions taken by the defendant prior to trial. We have jurisdiction on the basis that the Third District’s decision…