Fla. Stat, (1981) - Florida State University College of Law

V
TRIAL COuIiT EXRED IN FAILING TO GRANT A NEW TRJXG WHERE
IT Was SHm 'DHT THE PIOSMJUTION HAD FNLED TD DISCLOSE
FAVORABLE EWIDENCE !ID THE DEFENSE, IN VIOLATION OF THE:
DEE"IXWI"S RIMT To ASSISTANCF, OF COUNSEL AND DUE
P-S OF LAW, AS GWWNEED BY ZKE FIFTH, SIXTH, AND
FUJRTJiENTM To THE US. CONSTIWION AND AFTICLE I,
SECTION 9 AND 16 OF' BE FIOEIA COPJSTITUTION. 48
VII
THE TRIAL COURT EFFED IN Pl3WITrING THE PRC6rnRs rn
REPEATEDLY ADVISE THE JUFIY THAT m- ELAINE P m
HAD PLEADED GUILTY AND HAD BEEN GIVEN A PLEA BARGarN IN EXCHANGF, FOR HER ~TIMONT mNST THE DEFENaANT, WHERE THE
cO-DEEF"FwaS NOT (XLCJDAS AWITNFSS DUFCLNG THE TRIAL, IN
VIOLaTION OF THE -'S DUE PWXESS RIGHT To A FAIR
TRIAL BY AN IMPARTIAL JuHll aS GUARANTEED BY THE FIFTH, SIXTH,
AND FOURTEENTH "DENTS TO THE U.S . CJNSTITUTION AND
ARTXCLE I, SECTIONS 9 AND 16 OF PIE FZORIDA CONSTITUTION. 50
TEE EVTDENa WaS INSUFFICIEWT 'I0 SUSTAIN A OF
GUILTY OF FIRST DEGREE MURDEB AS TO COUNT I OF THl3 INDI(2DE"T. 51
54