Views
5 years ago

Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

Rose v.

Rose v. State, 601 So. 2d 1181 (Fla. 1992) ........51 Smith v. State, 708 So. 2d 253 (Fla. 1998) 52, 56, 57, 61, 62 State v. Gunsby, 670 So. 2d 923 (Fla. 1995) ......92, 99 State v. Gunsby, 670 So.2d 920 (Fla. 1996) ........65 State v. Hugins, 788 So.2d 238 (Fla. 2001) ........65 State v. Lewis, 656 So. 2d 1248 (Fla. 1994) ........60 State v. Reynolds, 238 So. 2d 598 (Fla. 1970) .......51 Strickler v. Greene, 527 U.S. 263 (1999) .........65 Teffeteller v. Dugger, 676 So. 2d 369 (Fla. 1996) ...50, 52 Trujillo v. State, 764 So. 2d 852 (Fla. 3 rd DCA 2000) ..18 United States v. Bagley, 473 U.S. 667 (1985) .......66 United States v. Morgan, 313 U.S. 409 (1941) .......61 Vining v. State, 827 So. 2d 201 (Fla. 2002) ......58, 61 MISCELLANEOUS AUTHORITY Canon 3 A, Fla. Bar Code Jud. Conduct ...........56 Confrontation Clause, United States Constitution, ....50 Fla. R. Crim. P. 3.190(j) ............. 8, 49, 50 Fla. R. Crim. P. 3.850 ...... i, 42, 45, 48, 50, 51, 57 vii

INTRODUCTION Dieter Riechmann, a German citizen vacationing in the United States, flagged down a Miami Beach police officer on October 25, 1987, in order to seek help -- his companion of many years, Kirsten Kischnick, lay lifeless in the front passenger seat of a rental car with a bullet hole in the right side of her head. Mr. Riechmann explained that the two tourists had gotten lost in Miami and stopped to ask a black man for directions. The man had approached the passenger side of the car with something in his hand. Mr. Riechmann got scared and had started to hit the accelerator when an explosion rang out. Driving frantically away, he touched Ms. Kischnick’s head and discovered that she was bleeding profusely. In a panic, he drove wildly until he found himself in Miami Beach where he saw a police officer who he flagged down. The State charged Mr. Riechmann with the murder of Ms. Kischnick. The case against Mr. Riechmann was premised entirely upon establishing that Mr. Riechmann’s version of the events was a lie, and therefore, he must be guilty of murder. 1 1 The State’s theory was something along the lines of res ipsa loquitur; if Mr. Riechmann lied, he must be guilty of murder. However, this overlooked the possibility that Mr. Riechmann may have had reason to be less than forthcoming even though he had not murdered Ms. Kischnick. According to the 1

Ben Crump Winning the - Florida State University College of Law
Florida Statutes 1983, Volume 3 - Florida State University College of ...
Ch. 125.221 - Florida State University College of Law
university college - Department of Extended Studies - Florida ...
Levin College of Law - University of Florida
Levin College of Law - University of Florida
Focus on: - the Michigan State University College of Law.
Environmental Law: - Levin College of Law - University of Florida
Fla Law - Levin College of Law - University of Florida
Levin College of Law - University of Florida
Contents - College of Fine Arts - University of Florida
Gator Justice - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Untitled - Levin College of Law - University of Florida
Maritime Boundary: Chile - Peru - Florida State University College of ...
Download Magazine - Levin College of Law - University of Florida
FLORIDA STW CLEARINGHOUSE - cimes - Florida State University
YES! - University of Florida College of Veterinary Medicine
Volume 45, Number 1 - Stetson University College of Law
Newsletter Fall 2012 - English - Florida State University
IT 'S ALL An Academic Guide to Florida State University
Untitled - Levin College of Law - University of Florida
Q&A - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Prospectus - Levin College of Law - University of Florida
Writ 2010 - Ohio Northern University Pettit College of Law
Download Magazine - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Women on the Rise - Levin College of Law - University of Florida