Bryant v. State
Bryant v. State
Opinion of the Court
The defendant’s conviction for vehicular homicide is affirmed. While a discovery violation occurred in connection with Trooper Barley’s testimony on cross examination,
AFFIRMED.
. There is no indication whatsoever in the record that the violation (Trooper Barley's recounting of an incriminating statement which the defendant made but was undisclosed to the defense) was in any way intentional or willful or that the state was itself in any way aware of the existence of said statement.
Dissenting Opinion
dissenting.
I respectfully dissent because I conclude that it was an abuse of discretion for the trial court not to grant a mistrial.
The defendant was convicted, after jury trial, of vehicular homicide. According to three eyewitnesses, the defendant was traveling north, came across a double yellow line into the left lane of traffic, then swung off the road to avoid a head-on collision with a southbound truck occupied by two of the eyewitnesses. In doing so, the defendant struck several children on the sidewalk, including a young boy who died from his injuries. It appeared that the defendant was attempting to pass the car in front of him.
At trial, Trooper Barley of FHP testified that he assisted in the investigation at the accident scene. On cross-examination by the defense, Barley stated that the defendant told him at the accident scene that he had been trying to catch up with his father’s truck, his father having left their previous job some sixteen minutes before he did. The defendant objected to this testimony on the basis that it constituted a Richardson
The trial judge conducted a Richardson hearing and determined that neither the State nor the defense was aware of this purported statement by the defendant to Trooper Barley (that he was “hurrying to catch up” (rather than dozing off)). Thus, the non-disclosure was not a willful or intentional act by the State. The defense nevertheless urged that Trooper Barley’s testimony in this regard was extremely prejudicial and that merely instructing the jury to disregard Barley’s testimony would be insufficient. The trial court denied the defendant’s motion for mistrial, but struck Trooper Barley’s testimony and instructed the jury to disregard all of Trooper Barley’s testimony.
There is no doubt that a discovery violation was established. The defendant argues that the testimony was fatally prejudicial because it impaired his trial preparation, scuttled his defense and ruined his trial strategy, which would have been materially different had the defendant’s statement been disclosed. See Reese v. State, 694 So.2d 678 (Fla. 1997).
The decision to grant or deny a motion for mistrial rests within the sound discretion of the trial court and will be sustained
. Richardson v. State, 246 So.2d 771 (Fla. 1971).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.