Antone v. State, 50240
Decision Date | 16 February 1978 |
Docket Number | No. 50240,50240 |
Citation | 355 So.2d 777 |
Parties | Anthony ANTONE, Appellant, v. STATE of Florida, Appellee. |
Court | Florida Supreme Court |
Angelo M. Ferlita of Diecidue, Ferlita & Prieto, Tampa, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, Charles Corces, Jr., Asst. Atty. Gen., Tampa, and T. Edward Austin, Jr., State's Atty., Jacksonville, for appellee.
Anthony Antone was convicted of first degree murder and sentenced to death by the trial judge. He appealed his conviction to us pursuant to Article V, Section 3(b)(1), Florida Constitution, and Section 921.141(4), Florida Statutes (1975).
Subsequent to the filing of this appeal, the prosecuting attorney filed a motion to supplement the record with information which had not previously been revealed either to him or to the defendant. The substance of the information is that the Florida Department of Criminal Law Enforcement apparently paid substantial fees to the attorneys for Ellis Marlowe Haskew, a co-defendant who negotiated a plea and became the State's principal witness against Antone. In light of this new information, Antone has requested that we remand the case to the trial court for a determination as to whether a new trial should be granted.
Antone contends that the State's failure to reveal the information during the course of pre-trial discovery constitutes a violation of the continuing duty to disclose imposed by Florida Rule of Criminal Procedure 3.220(f), and that the withholding of this information from the defendant resulted in a denial of due process under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and its progeny. Antone asserts that the newly-discovered facts explain Haskew's interest in testifying against Antone, that they bear on the issue of Haskew's credibility since they refute Haskew's statements to the jury that he received nothing from the State other than the benefit of his negotiated plea, and that they are so "materially favorable" to Antone's case that a revelation of those facts might have led to a different result at his trial.
In Williams v. Dutton, 400 F.2d 797, 800 (5th Cir. 1968), the Fifth Circuit Court of Appeals said:
"It is now clear that Brady imposes an affirmative duty on the prosecution to produce at the appropriate time requested evidence which is materially favorable to the accused either as direct or impeaching evidence."
The record shows that defense counsel assiduously sought all relevant data from the State concerning Haskew's bargain, that this bargain was brought out before the jury in an endeavor to discredit Haskew's testimony, and that Haskew's credibility was a dominant issue, if not the dominant issue for the defense, in Antone's trial. The...
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Antone v. Strickland
...to determine whether there had been a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). 1 Antone v. State, 355 So.2d 777 (Fla.1978). After a hearing, the trial court determined that there had not been a Brady violation. On March 27, 1980, the Florida Supreme......
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Antone v. State
...attorneys for Ellis Marlow Haskew and that such information had not been previously known to the prosecuting attorney. In Antone v. State, 355 So.2d 777 (Fla.1978), we remanded this cause to the trial court for a determination of whether a violation prohibited by Brady v. Maryland, 373 U.S.......
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