State v. Talbert

District Court of Appeal of Florida

State v. Talbert

836 So. 2d 1077, 2003 Fla. App. LEXIS 891, 2003 WL 201330

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 2003

DocketNo. 5D02-3578

StatusPublished

This text of 836 So. 2d 1077 (State v. Talbert) 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

State v. Talbert, 836 So. 2d 1077, 2003 Fla. App. LEXIS 891, 2003 WL 201330 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The State of Florida seeks our certiorari review of the trial court’s order allowing the defendant’s presence at the deposition of a witness. We conclude that in granting the motion, the trial court deviated from the essential requirements of the law and that this deviation resulted in a miscarriage of justice to the State. State v. Pettis, 520 So.2d 250 (Fla.1988). Under Florida Rule of Criminal Procedure 3.220(h)(7), a defendant shall not be physically present at a deposition except on stipulation of the parties or on a showing of good cause. Since the parties have not so stipulated and no good cause has been shown, we grant certiorari and quash the order. The petition for stay is therefore moot.

PETITION GRANTED.

PETERSON, SAWAYA and PLEUS, JJ., concur.

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PER CURIAM.

The State of Florida seeks our certiorari review of the trial court’s order allowing the defendant’s presence at the deposition of a witness. We conclude that in granting the motion, the trial court deviated from the essential requirements of the law and that this deviation resulted in a miscarriage of justice to the State. State v. Pettis, 520 So.2d 250 (Fla.1988). Under Florida Rule of Criminal Procedure 3.220(h)(7), a defendant shall not be physically present at a deposition except on stipulation of the parties or on a showing of good cause. Since the parties have not so stipulated and no good cause has been shown, we grant certiorari and quash the order. The petition for stay is therefore moot.

PETITION GRANTED.

PETERSON, SAWAYA and PLEUS, JJ., concur.

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Bluebook (online)

836 So. 2d 1077, 2003 Fla. App. LEXIS 891, 2003 WL 201330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-talbert-fladistctapp-2003.

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