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Rogers v. State Of Fla. (Fla. App., 2010)

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TIMOTHY DAVID ROGERS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D09-1613District Court of Appeal of Florida Opinion filed July 23, 2010 James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. MONACO, C.J. The appellant, Timothy David Rogers, posits that the trial court erred by allowing a state witness to testify by satellite from China at the trial of Mr. Rogers in Lake County, Florida. His theory is that by permitting the testimony from outside of the country, his constitutional right to confront this important witness against him was violated. More specifically, he asserts that because of the lack of an extradition treaty Page 2 between the United States and China, there was no guaranty of the enforcement of the witness’s oath because of the extraterritorial nature of the testimony...continue to full post

Full post as published by Florida Criminal Law Opinions on July 23, 2010 (boomark / email).