Picked v. State

The majority has applied the wrong standard of review to this case, which involves the state’s disclosure of a witness on the first day of trial, before the jury was selected. The majority has incorrectly applied the concept of “prejudice” that is central to the analysis required by Richardson v. State, 246 So.2d 771 (Fla.1971). The majority fails to grasp the type of testimony the late disclosed witness was to give. The majority fails to appreciate the extent of the state’s disclosure of information, which the trial judge properly took into account in her Richardson ruling. For these…