LUIS ALVAREZ, PETITIONER,
v.
THE HONORABLE DAVID GERSTEN, RESPONDENT
PER CURIAM.
The petition for relief from the lower court’s order refusing to seal pretrial discovery is denied without prejudice to reapply to the trial court to conduct an in camera inspection of the pretrial discovery information and material and thereafter determine if any of such material should be sealed and not disclosed to other than the parties prior to the impanelling of a jury in this case. On the present state of the record, this court has no way of knowing from the petition whether the discovery information and material which the petitioner seeks to have sealed contains matters which, if disclosed, would endanger the defendant’s right to a fair and impartial trial.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (12 total)
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Robertson v. State, 604 So. 2d 783 (Fla. 1992)…policies stated in Bender. For example, in some cases the district courts have suppressed evidence from blood samples drawn by persons who completely lacked authorization. E.g., Albritton v. State, 561 So. 2d 19 (Fla. 5th DCA 1990); State v. Roose, 450 So. 2d 861 (Fla. 3d DCA), review denied, 451 So. 2d 850 (Fla.1984). Similarly, such evidence has been suppressed where testing equipment was not properly maintained or stored. Donaldson v. State, 561 So. 2d 648 (Fla. 4th DCA 1990), approved, 579 So. 2d 728 (Fl…
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State v. Slaney, 653 So. 2d 422 (Fla. 3d DCA 1995)…licies stated in Bender. For example, in some cases in the district courts have suppressed evidence from blood samples drawn by persons who completely lacked authorization. E.g., Albritton v. State, 561 So. 2d 19 (Fla. 5th DCA 1990); State v. Roose, 450 So. 2d 861 (Fla. 3d DCA), review denied, 451 So. 2d 850 (Fla.1984). Similarly, such evidence has been suppressed where testing equipment was not properly maintained or stored. Donaldson v. State, 561 So. 2d 648 (Fla. 4th DCA 1990), approved, 579 So. 2d 728 (Fl…
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Gulley v. State, 501 So. 2d 1388 (Fla. 4th DCA 1987)…f test results obtained in violation of statutory directives similar to those violated in this case. The decisions have uniformly held that such results are inadmissible. See, e.g., Strong v. State, 465 So. 2d 549 (Fla. 3d DCA 1985); State v. Boose, 450 So. 2d 861 (Fla. 3d DCA 1984), pet. for rev. den., 451 So. 2d 850 (Fla.1984); State v. Potter, 438 So. 2d 1085 (Fla. 2d DCA 1983); Campbell v. State, 423 So. 2d 488 (Fla. 1st DCA 1982). We are of the opinion that these decisions are correct and that it was, th…
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