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378 So. 2d 1342

Hicks v. State

District Court of Appeal of Florida

Decided January 22, 1980

District Court of Appeal of Florida · decided 1980-01-22

Cited by 2 later decisions — most recently September 1981

2 state decisions

Relies on United States v. Myers

Good law ✅— No negative treatment on recordhow we know

Decided 1980-01-22

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SCHWARTZ, Judge

¶1(dissenting).

¶2In my judgment, there is no basis on the facts of this case for distinguishing between evidence which destroys the believability of testimony concerning an alibi as recounted by the defendant’s only alibi witness; and evidence which contradicts the alibi itself. I would therefore follow United States v. Myers, 550 F.2d 1036, 1041-1042 (5th Cir. 1977), which makes just this point, and reverse the judgment below.

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