Legal Opinion · Dissent

State v. Gillis

District Court of Appeal of Florida

Decided June 30, 2004No. 3D03-1546Published

1DissentShepherd, J.

I respectfully dissent.

Although the trial court had reason to be frustrated with the conduct of the State in this case, nevertheless I am of the opinion that dismissal was premature, and would remand- this case for the completion of the Richardson hearing.

It has long been the law in this state that upon learning of a potential discovery violation, the trial court has an obligation to conduct a Richardson hearing to examine the possible harm or prejudice to the defendant. Richardson v. State, 246 So.2d 771 (Fla.1971); Evans v. State, 721 So.2d 1208 (Fla. 3d DCA 1998). In its discretion, and…

2Cases cited9 opinions

  1. Richardson v. StateSupreme Court of Florida · 1971
  2. State v. Del GaudioDistrict Court of Appeal of Florida · 1984
  3. Morales v. PerezDistrict Court of Appeal of Florida · 1984
  4. Singh v. TolzDistrict Court of Appeal of Florida · 1980
  5. State v. FarleyDistrict Court of Appeal of Florida · 2001

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