AZlawyer
Verified Attorney
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- Oct 1, 2008
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OK, there seems to be a lot of confusion about the interaction between the Sunshine Law and the disclosure rules and what can/cannot be withheld from the defense/the public.
Florida Rule Crim. Procedure 3.220 (disclosure to defense): http://www.cobblawfirm.com/Rules_Discovery.htm
Handbook for Law Enforcement re: Sunshine Law (public records disclosure):
http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7E8QJ6/$file/2008LEGuide.pdf
It seems to me that, pursuant to Rule 3.220, the state would have to turn over to the defense lots of the documents we are assuming are being withheld--for example, any written statement or summary of an oral statement from Annie, who is on the state's witness list. In addition, based on the Handbook for LE compliance with the Sunshine Law, p. 37, it seems to me that once a document is identified as having to be turned over to the defense, it also has to be turned over to the public (with rare exceptions that I don't think apply here).
Is anyone aware of any orders from this judge limiting release of information to the public or to the defense? If not, I don't see how the state could be withholding any "bombshell" documents for use at trial.
Florida Rule Crim. Procedure 3.220 (disclosure to defense): http://www.cobblawfirm.com/Rules_Discovery.htm
Handbook for Law Enforcement re: Sunshine Law (public records disclosure):
http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7E8QJ6/$file/2008LEGuide.pdf
It seems to me that, pursuant to Rule 3.220, the state would have to turn over to the defense lots of the documents we are assuming are being withheld--for example, any written statement or summary of an oral statement from Annie, who is on the state's witness list. In addition, based on the Handbook for LE compliance with the Sunshine Law, p. 37, it seems to me that once a document is identified as having to be turned over to the defense, it also has to be turned over to the public (with rare exceptions that I don't think apply here).
Is anyone aware of any orders from this judge limiting release of information to the public or to the defense? If not, I don't see how the state could be withholding any "bombshell" documents for use at trial.