[Download] "Barnes v. State" by Florida Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Barnes v. State
• Author : Florida Court of Appeals
• Release Date : January 17, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

At 2:00 in the morning on his way home after working a full shift as a nurse, an eyewitness saw two men illuminated by the low level glow of a nearby streetlight running away from a burning building. He saw them for no more than 15 seconds. The witness later identified a photograph of defendant as one of the men and, still later, identified him again from a lineup. Defendant's lawyer at the lineup objected to the array of persons chosen as unreasonably suggestive because none of them had the same general features as defendant. That lawyer, who had by then withdrawn as defendant's counsel, was called at trial as a defense witness to establish that the identification was tainted. Four other defense witnesses testified in support of an alibi, while still another witness testified to a conversation with a different person who admitted setting the fire. During closing argument defense counsel argued that there was no objective evidence linking defendant to the crime and that a verdict of guilty would have to rest on the eyewitness identification. He argued that the identification was substantially compromised by the testimony of the first defense counsel. In rebuttal the state's prosecutor, Alberto Milian, responded by characterizing this testimony as ""the mercenary actions of . . . a hired gun, [e.s.] hired by the - ."" At that point the following occurred:

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