· 1/31/1984
State v. Del Gaudio
Citations
- 445 So. 2d 605
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the imposition of sanctions, such as charging a continuance to the State in response to the State's alleged discovery violations, \was `never intended to furnish a defendant with a procedural device to escape justice.'\
- finding that the imposition of sanctions, such as charging a continuance to the State in response to the State’s alleged discovery violations, “was ‘never intended to furnish a defendant with a procedural device to escape justice.’ ”
- sanction of dismissal of charges for prosecutor's misconduct in failing to make discovery inappropriate in absence of irreparable prejudice to defendant
- limitation of holding on other grounds recognized in McKinney v. Yawn, 625 So.2d 885, 888 n. 1 (Fla. 1st DCA 1993)
- \Dismissal of an information or indictment is `an action of such magnitude that resort to such a sanction should only be had when no viable alternative exists'\
- State Attorney is responsible for evidence which is being withheld by other state agents, such as law enforcement officers, and is charged with constructive knowledge and possession thereof for discovery purposes
Source: CourtListener parenthetical corpus (CC0).
Judges: Baskin, Daniel S. Pearson and Jorgenson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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