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4TH DCA 17TH CIRCUIT OPINIONS - ANA STRIKES AGAIN

By JAABLOG

OPINIONS RELEASED 8-12-09Gardiner - Reversed for a new trial (how's the promotion to civil going Ana?)" ... Defendant was charged with capital sexual battery. After an extensive pretrial period, the State disclosed its expert for the second aspect of the DNA evidence only on the first day of trial. In a Richardson hearing the State attempted to justify its massively overdue disclosure by arguing that its population geneticist is its usual witness in such cases, indeed the only one the State has ever called for this purpose. The expert witness told the court he had testified in as many as 150 trials in Broward County. Defense counsel responded that she had never heard of him before the disclosure, did not know he would be called as a State?s witness, and thus had no opportunity to take his deposition to prepare for trial...continue to full post

Full post as published by JAABlog on August 12, 2009 (boomark / email).