Comer v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trial court’s exclusion of the defendant’s sole witness without conducting a Richardson hearing was error, since the issue of prejudice to the State was not addressed by the court
• reversing where the trial court precluded a late-listed defense witness from testifying without conducting a Richardson hearing or considering less severe sanctions
• “Clearly, the Richardson requirements apply also where the defense committed the discovery violation.” (citing Brazell v. State, 570 So.2d 919, 921 (Fla.1990))
• “In assessing procedural prejudice, the trial court must determine, first, whether the discovery violation precluded the aggrieved party from adequately preparing for trial, and second, what is the proper sanction to invoke for the discovery violation.”
• “ ‘In a criminal ease, the exclusion of a defense witness for a discovery violation implicates a defendant’s sixth amendment right to present witnesses as well as the fundamental right to due process.’ M.N. v. State, 724 So.2d 122[, 124 (Fla. 4th DCA 1998

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• Tucker v. State
  District Court of Appeal of Florida· 2000-03-10· cited 9×
• Fabregas v. State
  District Court of Appeal of Florida· 2002-08-14· cited 6×
• Holley v. State
  District Court of Appeal of Florida· 2004-07-20· cited 5×
• Martin v. State
  District Court of Appeal of Florida· 2010-08-18· cited 4×
• PINTADO v. State
  District Court of Appeal of Florida· 2007-11-14· cited 2×
• SANCHEZ-ANDUJAR v. State
  District Court of Appeal of Florida· 2011-04-15· cited 2×
• R.D. v. State
  District Court of Appeal of Florida· 2003-01-10· cited 1×
• THE STATE OF FLORIDA v. MICHAEL JONES
  District Court of Appeal of Florida· 2021-06-02
• Nweze v. State
  District Court of Appeal of Florida· 2000-03-17
• D.M.T., A JUVENILE v. THE STATE OF FLORIDA
  District Court of Appeal of Florida· 2023-07-05

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

• Chapman v. California
  Supreme Court· 1967-03-27· cited 23,069×
• State v. DiGuilio
  Supreme Court of Florida· 1986-07-17· cited 2,703×
• Taylor v. Illinois
  Supreme Court· 1988-03-28· cited 1,952×
• Richardson v. State
  Supreme Court of Florida· 1971-03-31· cited 927×
• Nelson v. State
  District Court of Appeal of Florida· 1973-02-28· cited 400×
• State v. Schopp
  Supreme Court of Florida· 1995-03-23· cited 199×
• Hardwick v. State
  Supreme Court of Florida· 1988-02-04· cited 198×
• Cooper v. State
  Supreme Court of Florida· 1976-07-08· cited 161×
• Czubak v. State
  Supreme Court of Florida· 1990-11-08· cited 132×
• Gurganus v. State
  Supreme Court of Florida· 1984-05-03· cited 57×
• Lowe v. State
  Supreme Court of Florida· 1994-11-23· cited 55×
• Davis v. State
  Supreme Court of Florida· 1997-11-06· cited 54×
• Branch v. State
  Supreme Court of Florida· 1996-11-21· cited 54×
• Smith v. State
  Supreme Court of Florida· 1979-06-07· cited 49×
• Wilcox v. State
  Supreme Court of Florida· 1979-02-08· cited 45×
• Wilder v. State
  District Court of Appeal of Florida· 1963-09-24· cited 43×
• Foster v. State
  District Court of Appeal of Florida· 1997-12-17· cited 32×
• Austin v. State
  District Court of Appeal of Florida· 1984-12-17· cited 30×
• Miller v. State
  District Court of Appeal of Florida· 1994-04-27· cited 28×
• Patterson v. State
  District Court of Appeal of Florida· 1982-09-01· cited 26×