SC09-1755 – State of Florida v. Joseph Eugene McFadden

State: Florida

Docket No: SC09-1755

Case Date: 10/07/2010

Preview:Supreme Court of Florida
____________ No. SC09-1755 ____________ STATE OF FLORIDA, Petitioner, vs. JOSEPH EUGENE MCFADDEN, Respondent. [October 7, 2010] POLSTON, J. The State seeks review of the decision of the Fourth District Court of Appeal in McFadden v. State, 15 So. 3d 755 (Fla. 4th DCA 2009), on the grounds that it expressly and directly conflicts with the decision of this Court in State v. Evans, 770 So. 2d 1174 (Fla. 2000).1 The issue before this Court is whether Florida Rule of Criminal Procedure 3.220(b)(1)(B) requires the State to disclose to a defendant an oral, unrecorded witness statement if that statement does not materially change

1. The State also asserts conflict with the decisions of the Fifth District Court of Appeal in both Burkes v. State, 946 So. 2d 34 (Fla. 5th DCA 2006), and Olson v. State, 705 So. 2d 687 (Fla. 5th DCA 1998), and the decision of the Third District Court of Appeal in Johnson v. State, 545 So. 2d 411 (Fla. 3d DCA 1989). We have jurisdiction. See art. V,

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