902 So. 2d 294 - Casseus v. State’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] trial court’s decision to exclude testimony for a discovery violation should balance “the propositions that the reciprocal rules of discovery should be followed so long as the defendant is not denied his fundamental right to defend himself.” Since the testimony sought to be introduced by the witnesses in the instant case was exculpatory in nature, exclusion of the testimony would deny appellant his fundamental right to defend himself in violation of the Sixth Amendment.... We are not suggesting by this opinion that the trial court, after determining under Richardson v. State, 246 So.2d 771 (Fla.1971), that the state would suffer substantial prejudice, should have allowed the witnesses to testify in the trial presently underway. When exculpatory evidence is sought to be introduced in violation of the discovery rules, and remedies which would allow the trial to proceed are insufficient, the proper course of action is to declare a mistrial. A mistrial is an appropriate discovery sanction under rule 3.220(n)(l), Florida Rules of Criminal Procedure.”

   1 later decision quote this exact passage
   e.g. 60 So. 3d 480 - SANCHEZ-ANDUJAR v. State

2. “extreme sanction of excluding [defense] evidence . . . should be used only as a last resort”

   1 later decision quote this exact passage
   e.g. 970 So. 2d 312 - McDuffie v. State