Legal Opinion

Miller v. State

District Court of Appeal of Florida

Decided June 22, 2012No. 5D11-2376Published

1Per curiam

Appellant challenges the trial court’s order denying his motion for postconviction relief after an evidentiary hearing. Appellant claimed that his trial counsel should have objected to the introduction of a confession because it had not been disclosed by the State during pretrial discovery. The trial court determined that the State had not committed a discovery violation because it had disclosed the identity of the witness. We conclude that the failure of the State to disclose the existence and substance of the statement was a discovery violation. Accordingly, we reverse and remand this cause…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Robertson v. StateSupreme Court of Florida · 2002
  3. Reese v. StateSupreme Court of Florida · 1997
  4. Dawson v. StateDistrict Court of Appeal of Florida · 2011

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