State v. Gillis
District Court of Appeal of Florida
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
- Richardson v. StateSupreme Court of Florida · 1971
- State v. Del GaudioDistrict Court of Appeal of Florida · 1984
- Morales v. PerezDistrict Court of Appeal of Florida · 1984
- Singh v. TolzDistrict Court of Appeal of Florida · 1980
- State v. FarleyDistrict Court of Appeal of Florida · 2001
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