Law Updates for October 1, 2010

Wilson, 35 FLW 2116, 4th DCA, Hearsay exception: Former testimony of unavailable witness - No abuse of discretion in ruling the def failed to establish unavailability of witness under 90.804 so that witness testimony at original trial could be used at the second trial where, although witness was demonstrably unavailable as a witness, def did not subpoena the witness for the second trial and simply told him where to appear and relied on oral promise that the witness would be there, although similar promise had been broken before.

Hicks, 35 FLW 2118, 4th DCA, Discovery violation: Richardson hearing not conducted. Error where it failed to list detective as a witness to a particular statement until the day of trial, error not harmless where the def was alibi and mistaken ID and this detective testimony contradicted the testimony of three alibi witnesses.



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