James Warmington v. State of Florida

Supreme Court of Florida ____________ No. SC12-1050 ____________ JAMES WARMINGTON, Petitioner, vs. STATE OF FLORIDA, Respondent. [October 16, 2014] PARIENTE, J. 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…