Thomas 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 trial court’s Richardson inquiry insufficient where court did not require State to show lack of procedural prejudice and instead, inquired only of defense counsel how the defense would be prejudiced
• noting that trial court’s “imposing the burden on the defendant to demonstrate prejudice instead of determining the circumstances of the discovery violation and requiring the State to demonstrate lack of prejudice to the defendant, does not satisfy the procedure contemplated by Richardson”
• applying former version of rule and finding that “[flailing to list a witness as an expert, even when the witness is listed as a Category A witness, is a discovery violation”
• finding the state violated its discovery obligation when it listed an officer as a Category A witness but failed to designate him as an expert, and officer testified as an expert in street level drugs
• “[I]mposing the burden on the defendant to demonstrate prejudice instead of determining the circumstances of the discovery violation and requiring the State to demonstrate lack of prejudice to the defendant, does not satisfy the procedure contemplated by Richardson.”
• “[W]e hold that upon being notified by [defendant] of an alleged discovery violation, the trial court was required to conduct a Richardson inquiry.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• Jaime Deandre Brown v. State of Florida
  District Court of Appeal of Florida· 2015-05-20· cited 14×
• Cliff Berry, Inc. v. State
  District Court of Appeal of Florida· 2012-01-04· cited 14×
• Royce Goldsmith v. State of Florida
  District Court of Appeal of Florida· 2016-01-06· cited 10×
• Kipp v. State
  District Court of Appeal of Florida· 2013-12-18· cited 8×
• Jerry Ward v. State of Florida
  District Court of Appeal of Florida· 2015-05-27· cited 2×
• Cruz v. State
  District Court of Appeal of Florida· 2017-06-21· cited 2×
• Raymond German v. State of Florida
  District Court of Appeal of Florida· 2016-05-18· cited 1×
• BRIAN K. SMITH v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-11-06
• GAVIN WASHINGTON GUY v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-12-18
• D. W. v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2024-06-21
• Orestes Gracia v. State of Florida
  District Court of Appeal of Florida· 2024-08-07

Cites

16 cases in this archive are cited by this case.

• Frye v. United States
  D.C. Circuit· 1923-12-03· cited 4,204×
• Richardson v. State
  Supreme Court of Florida· 1971-03-31· cited 927×
• State v. Schopp
  Supreme Court of Florida· 1995-03-23· cited 199×
• Scipio v. State
  Supreme Court of Florida· 2006-02-16· cited 86×
• State v. Evans
  Supreme Court of Florida· 2000-10-05· cited 48×
• Smith v. State
  Supreme Court of Florida· 2009-03-19· cited 44×
• Jones v. State
  District Court of Appeal of Florida· 2010-04-07· cited 21×
• Barrett v. State
  Supreme Court of Florida· 1994-11-23· cited 17×
• Landry v. State
  District Court of Appeal of Florida· 2006-07-05· cited 10×
• Luis v. State
  District Court of Appeal of Florida· 2003-07-09· cited 10×
• Major v. State
  District Court of Appeal of Florida· 2007-05-30· cited 10×
• Powell v. State
  District Court of Appeal of Florida· 2005-10-28· cited 10×
• Henry v. State
  District Court of Appeal of Florida· 2010-08-13· cited 6×
• Celestine v. State
  District Court of Appeal of Florida· 1998-09-18· cited 6×
• Pickel v. State
  District Court of Appeal of Florida· 2009-08-12· cited 3×
• In the Interest of J.B.
  District Court of Appeal of Florida· 1993-09-01· cited 1×