State v. Davis, 74--1572
| Decision Date | 25 February 1975 |
| Docket Number | No. 74--1572,74--1572 |
| Citation | 308 So.2d 539 |
| Parties | The STATE of Florida, Petitioner, v. Mary Betty DAVIS and Leon Davis, Respondents. |
| Court | Florida District Court of Appeals |
Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for petitioner.
Robert H. Burns, Miami Beach, for respondents.
Before BARKDULL, C.J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.
A petition for writ of certiorari filed by the state presents for review an order of the circuit court of Dade County requiring the state to disclose the identity of a confidential informant, in a prosecution against the respondents for certain violations of the lottery law (§ 849.09 Fla.Stat., F.S.A.).
On consideration thereof in the light of the record, briefs and argument we hold the challenged order represented a departure from essential requirements of law and must be quashed, on authority of Harrington v. State, Fla.App.1959, 110 So.2d 495; Hall v. State, Fla.App.1969, 219 So.2d 757; Doe v. State, Fla.App.1972, 262 So.2d 11; Jackson v. State, Fla.App.1975, 307 So.2d 188 (filed January 28, 1975).
By information the defendants were charged (1) with aiding or assisting in conduct of a lottery, (2) possession of live lottery tickets and (3) possession of lottery papers and records.
A motion by defendants for the state to be ordered to supply certain particulars, and the names of witnesses to be relied upon by the state and names and addresses of witnesses whose testimony may be helpful to the defendants, included a request that the state be ordered to disclose the identity of a confidential informant, viz: 'To order the state to give to the defendants the names and addresses of the informer, as he or she has played an integral part in the events leading up to the arrest and has made certain overt acts which may make him/her a part of the entire arrest pattern upon which the arrest warrants and search warrants were based and that the defendants would need to take the deposition and make further discovery of said confidential informer or informers to best prepare a defense.'
Other than that reference to 'defense' in the motion, there was no showing in the motion or in the hearing thereon of any proposed defense incident to which the identity of the informant would be essentially relevant or material. The basis, according to the record, upon which the court granted the motion was the disclosure at the hearing that the search,...
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State v. Zamora
...but failed either to specify this defense or show how the informant's testimony would be relevant or material); State v. Davis, 308 So.2d 539 (Fla. 3d DCA 1975) (no defense asserted by defendant to the charged lottery violations); Doe v. State, 262 So.2d 11 (Fla. 3d DCA 1972) (no defense as......
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Drayton v. State
...warrants an exception to the general rule of non-disclosure. See State v. Jones, 323 So.2d 595 (Fla. 3d DCA 1975); and State v. Davis, 308 So.2d 539 (Fla. 3d DCA 1975). Applying the tests of Roviaro And Treverrow, we are of the opinion that appellant has not met his burden of proof in the i......
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State v. Diaz
...seek disclosure of the tipster under the first Roviaro exception. Hawkins v. State, 312 So.2d 229 (Fla. 1st DCA 1975); State v. Davis, 308 So.2d 539 (Fla. 3d DCA 1975); Doe v. State, 262 So.2d 11 (Fla. 3d DCA 1972). We therefore turn our attention to the second Roviaro exception to determin......
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State v. Villar
...The burden is on the defendant to show that he warrants an exception to the general rule of nondisclosure. See State v. Davis, 308 So.2d 539 (Fla. 3d DCA 1975). If informers' names were subject to being readily revealed, the use of confidential informants, an enormously important aid to law......