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363 So. 2d 147

Nash v. State

District Court of Appeal of Florida

Decided September 19, 1978

District Court of Appeal of Florida · decided 1978-09-19

Cited by 6 later decisions — most recently September 1985

1 federal appellate · 5 state decisions

Relies on Simmons v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-09-19

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PER CURIAM.

¶1The trial court, in a criminal prosecution, excluded a prospective defense witness for violation of the rule of sequestration1 without complying with the procedures and principles laid down by the Supreme Court of Florida in Dumas v. State, 350 So.2d 464 (Fla.1977).2

¶2Therefore, the conviction must be reversed, with directions to grant the appellant a new trial.

¶3Reversed and remanded, with directions.

¶4. The penalty for violation of the sequestration rule in criminal cases is different from that in civil cases, because of the constitutional right of an accused to present witnesses in his defense. (Sixth and Fourteenth Amendments to the United States Constitution.)

¶5. It is noted that the trial court did not have the benefit of this opinion at the time he made his ruling.

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