State v. Green

By a petition for writ of certiorari, the State of Florida seeks review of a non-final order ruling a witness incompetent to testify in the trial of Joseph Nahume Green, *584respondent. Because the trial court’s order cannot be said to constitute a “violation of a clearly established principal of law resulting in a miscarriage of justice,” Combs v. State, 436 So.2d 93, 95-96 (Fla.1983), we deny the petition.

Respondent’s first degree murder conviction and death sentence was reversed, and a new trial ordered. See Green v. State, 688 So.2d 301 (Fla.1996). At respondent’s second trial, the state…