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STATE OF FLORIDA, Petitioner, v. JOSEPH EUGENE MCFADDEN, Respondent. No. SC09-1755

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STATE OF FLORIDA, Petitioner, v.JOSEPH EUGENE MCFADDEN, Respondent. No. SC09-1755 Supreme Court of Florida DATED: 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 Page 2 a prior recorded statement previously provided to the defendant by the State. We hold that, pursuant to Evans, rule 3...continue to full post

Full post as published by Florida Criminal Law Opinions on October 08, 2010 (boomark / email).