State v. Pender
| Decision Date | 12 October 1995 |
| Docket Number | No. 85042,85042 |
| Parties | 20 Fla. L. Weekly S533 STATE of Florida, Petitioner, v. Kevin Walter PENDER, et al., Respondents. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions, Fifth District--Nos. 93-1832 and 93-1942 (Orange County).
Robert A. Butterworth, Attorney General; and Mark S. Dunn and Kristen L. Davenport, Assistant Attorneys General, Daytona Beach, for Petitioner.
James B. Gibson, Public Defender and Noel A. Pelella, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Respondent.
We have for review Pender v. State, 647 So.2d 957 (Fla. 5th DCA 1994), which expressly and directly conflicts with the opinion in State v. Schopp, 653 So.2d 1016 (Fla.1995). We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Const. The decision below is quashed and this cause is remanded for reconsideration in light of Schopp.
It is so ordered.
I respectfully dissent from the majority opinion in this case for the reasons expressed in my dissent in State v. Schopp, 653 So.2d 1016, 1022 (Fla.1995) (Harding, J., dissenting).
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C.D.B. v. State
...defense's violation of a discovery rule results in exclusion of defense evidence without an adequate Richardson hearing. State v. Pender, 661 So.2d 304 (Fla.1995); O'Rourke v. State, 661 So.2d 800 (Fla.1995), aff'g O'Rourke v. State, 645 So.2d 569 (Fla. 5th DCA 1994). "[I]n the vast majorit......
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Pender v. State
...district court's decision and remanded for reconsideration in light of State v. Schopp, 653 So.2d 1016 (Fla.1995). State v. Pender, 661 So.2d 304 (Fla.1995) (Pender II ). In Schopp, we overruled Smith and found the failure to conduct a Richardson hearing was no longer per se reversible but ......
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Pender v. State, s. 93-1832
...and GRIFFIN, JJ., concur. 1 Pender v. State, 647 So.2d 957 (Fla. 5th DCA 1994), review granted, 654 So.2d 920 (Fla.1995).2 State v. Pender, 661 So.2d 304 (Fla.1995). ...
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