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State v. Ellis

District Court of Appeal of Florida, Third District
Aug 5, 1986
491 So. 2d 1296 (Fla. Dist. Ct. App. 1986)

Summary

holding that the evidence sought to be admitted "would have impacted upon the decision of the trial court and was crucial to the state's argument" and that "the ends of justice may best be served by the admission of crucial evidence"

Summary of this case from State v. Bozung

Opinion

No. 85-1964.

August 5, 1986.

Appeal from the Circuit Court, Dade County, J. Michael Salmon, J.

Janet Reno, State Atty., and Paul Mendelson, Asst. State Atty., Jim Smith, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

Irv J. Lamel, Coral Gables, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


The state contends that the trial court abused its discretion by refusing to reopen a suppression hearing to admit crucial evidence. We agree and reverse the order under review.

We are persuaded, by the state, that the testimony sought to be admitted would have impacted upon the decision of the trial court and was crucial to the state's argument. Nonetheless, the trial court refused to reopen the case for the admission of this testimony. This case is similar to the situation presented in Steffanos v. State, 80 Fla. 309, 86 So. 204 (1920). In Steffanos, the parties rested, and the court recessed over the weekend. On Monday morning, defense counsel sought to introduce crucial testimony. In overruling the trial court, the supreme court said that the refusal to reopen a case in such a circumstance "is to enforce a rule of procedure almost to the point of a denial of justice. . . . [S]uch rules ought not to be applied with such technical precision and unbending rigor as to produce injustice." 86 So. at 205.

The record indicates that the suppression hearing, ending on May 28, 1985, was either not complete or was reopened — the trial court allowed further legal argument on the issues before it, on June 3, 1985 — when the court denied the state's motion to admit the previously omitted crucial evidence. Where, as here, the case is technically not closed and the ends of justice may best be served by the admission of crucial evidence, it is an abuse of the trial court's discretion to deny the introduction of such evidence. Steffanos, 86 So. at 206.

Accordingly, the order under review is reversed and remanded for rehearing.


Summaries of

State v. Ellis

District Court of Appeal of Florida, Third District
Aug 5, 1986
491 So. 2d 1296 (Fla. Dist. Ct. App. 1986)

holding that the evidence sought to be admitted "would have impacted upon the decision of the trial court and was crucial to the state's argument" and that "the ends of justice may best be served by the admission of crucial evidence"

Summary of this case from State v. Bozung

holding that where "the case is technically not closed and the ends of justice may best be served by the admission of crucial evidence, it is an abuse of the trial court's discretion to deny the introduction of such evidence."

Summary of this case from Irizarry v. State

holding that the trial court abused its discretion by refusing to reopen a suppression hearing to admit crucial evidence

Summary of this case from Lambert v. State

reversing trial court order denying State's motion to reopen suppression hearing where hearing not technically closed and ends of justice served by admission of crucial evidence previously omitted

Summary of this case from Donaldson v. State

reversing trial court order denying state's motion to reopen suppression hearing

Summary of this case from State v. Laveroni
Case details for

State v. Ellis

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. CHARLES LAMONT ELLIS, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 5, 1986

Citations

491 So. 2d 1296 (Fla. Dist. Ct. App. 1986)

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Louisy v. State

Thus, the case was not "technically closed." State v. Ellis, 491 So.2d 1296 (Fla. 3d DCA 1986). Because of…

Delgado v. State

Although the decision to allow a case to be reopened involves sound judicial discretion, not usually…