From Casetext: Smarter Legal Research

State v. Hilliard

District Court of Appeal of Florida, Fourth District
Feb 3, 1982
409 So. 2d 211 (Fla. Dist. Ct. App. 1982)

Opinion

No. 80-320.

February 3, 1982.

Appeal from the Circuit Court, Broward County, Mel Grossman, J.

Jim Smith, Atty. Gen., Tallahassee, and Laura R. Morrison, Asst. Atty. Gen., West Palm Beach, for appellant.

David R. Damore, Fort Lauderdale, for appellee Critcher.


The state's numerous violations of discovery rules and court orders directing discovery ultimately led, on the eve of trial, to an order dismissing the information as to appellees, the court having determined on the basis of an evidentiary hearing that the state's non-compliance was not inadvertent, the violations were substantial, and the defendants were irreparably prejudiced in the preparation of their defense.

The record adequately supports the trial court's findings and the state has failed to show an abuse of discretion.

AFFIRMED.

DOWNEY and ANSTEAD, JJ., and OWEN, WILLIAM C., JR., (retired), Associate Judge, concur.


Summaries of

State v. Hilliard

District Court of Appeal of Florida, Fourth District
Feb 3, 1982
409 So. 2d 211 (Fla. Dist. Ct. App. 1982)
Case details for

State v. Hilliard

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. WALTER HILLIARD AND ROBERT CRITCHER…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 3, 1982

Citations

409 So. 2d 211 (Fla. Dist. Ct. App. 1982)

Citing Cases

State v. Del Gaudio

While it is conceivable that the result reached in McCloud could be justified had it been found that to retry…

State v. Monfre

ANSTEAD, Chief Judge, dissenting: I would uphold the trial court's ruling on the authority of State v.…