Author Topic: Motions and orders re: FDLE / FBI Discovery  (Read 2100 times)

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Offline cboldt

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Motions and orders re: FDLE / FBI Discovery
« on: May 11, 2013, 05:24:32 AM »
Prompted by a May 10 remark or comment at First George Zimmerman trial subpoena goes out - Orlando Sentinel, May 7, 2013, I reviewed the motions and order on the subject.  The commenter is correct, Nelson's February 5, 2013 Order deviates from the defense's December 7, 2012 Amended Demand for Specific Discovery.

Judge Nelson issued an unlawful order beyond the state circuit courts jurisdiction to the FBI, and that improper, unlawful order was unresponsive to the defense motion which was for the state to be ordered to turn over all files, reports, and information which it had been provided by the FBI.

Defense December 6, 2012 Motion to Compel Additional Discovery was denied in Nelson's February 5, 2013 Order Denying Motion to Compel Additional Discovery.

I don't recall the basis for denial, but vaguely recall the details were discussed in the February 5, 2013 hearing.  It may have been denied simply on the basis that O'Mara hadn't exhausted other means of discovery, namely review of files at FDLE.

I don't think there is any substantive discovery issue lingering here, but thought Nelson's massive disconnect between what was requested (an order to the State of Florida), and what was provided (an order to the FBI) was interesting.

Edited to close hyperlink tag


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