H.T. v. State

District Court of Appeal of Florida

H.T. v. State

458 So. 2d 802, 9 Fla. L. Weekly 2250, 1984 Fla. App. LEXIS 15828

CourtDistrict Court of Appeal of Florida

DecidedOctober 23, 1984

DocketNo. 83-1282

StatusPublished

Cited by2 cases

This text of 458 So. 2d 802 (H.T. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

H.T. v. State, 458 So. 2d 802, 9 Fla. L. Weekly 2250, 1984 Fla. App. LEXIS 15828 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

The adjudication of delinquency under review is reversed for a new hearing because the lower court improperly failed to hold a Richardson¹ hearing prior to admitting incriminating statements allegedly made by the respondent and not previously revealed by the state in discovery. Cumbie v. State, 345 So.2d 1061 (Fla.1977); Balboa v. State, 446 So.2d 1134 (Fla. 3d DCA 1984). The state’s contentions that the defense was on prior notice of the statements, see Leeman v. State, 357 So.2d 703 (Fla.1978), or acquiesced in the court’s ruling, see Lucas v. State, 376 So.2d 1149 (Fla.1979), are totally unsustained by the record.

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PER CURIAM.

The adjudication of delinquency under review is reversed for a new hearing because the lower court improperly failed to hold a Richardson¹ hearing prior to admitting incriminating statements allegedly made by the respondent and not previously revealed by the state in discovery. Cumbie v. State, 345 So.2d 1061 (Fla.1977); Balboa v. State, 446 So.2d 1134 (Fla. 3d DCA 1984). The state’s contentions that the defense was on prior notice of the statements, see Leeman v. State, 357 So.2d 703 (Fla.1978), or acquiesced in the court’s ruling, see Lucas v. State, 376 So.2d 1149 (Fla.1979), are totally unsustained by the record.

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Bluebook (online)

458 So. 2d 802, 9 Fla. L. Weekly 2250, 1984 Fla. App. LEXIS 15828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ht-v-state-fladistctapp-1984.

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