State v. Banks, 77-705
Decision Date | 23 August 1977 |
Docket Number | No. 77-705,77-705 |
Citation | 349 So.2d 736 |
Parties | The STATE of Florida, Petitioner, v. Alykhan BANKS, Respondent. |
Court | Florida District Court of Appeals |
Richard E. Gerstein, State Atty., and George Volsky, Asst. State Atty., for petitioner.
Hacker, Phelps & Matters, Miami, for respondent.
Before PEARSON, BARKDULL and HUBBART, JJ.
The State of Florida, as petitioner, has brought this petition for writ of certiorari to review an order of the trial court excluding the testimony of a witness who repeatedly failed to appear for discovery deposition. The order stated that " . . . the defendants' Motion to Preclude is hereby granted only as to Michael Mulligan and it is further ordered that Michael Mulligan may not be presented as a witness in the trial of the above styled cause." The order recited the fact that Mulligan, who was the victim, at least twice failed to appear, and that:
In State v. DeVille, 258 So.2d 492 (Fla.3d DCA 1972), we considered a case in which the trial court had excluded the testimony of a witness and we found that the court had abused its discretion in excluding such testimony. We there held:
Subsequently, in State v. Roig, 305 So.2d 836 (Fla.3d DCA 1974), we considered a case in which the trial court dismissed an information because the prosecution was unable to proceed without the testimony of witnesses. The testimony had been excluded because the witnesses failed to appear for deposition after being subpoenaed by the defendant. In that case, we held:
In the case now before us, it affirmatively...
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