Disability Law

Supreme Court of Florida Quashes Fourth DCA's Decision in Bar Fight Case

By David A. McCranie, Esq.

The  bar patron who was convicted of battery and other offenses in connection with a brawl at the Stuart Ale House and whose conviction was affirmed by the Fourth District Court of Appeal will get another chance before that court.

As I discussed here, during the course of Deren's criminal prosecution the State came into possession of a letter from Hartford, Stuart Ale House's workers' compensation insurer, documenting that it had paid over $20,000 to and on behalf of its bouncer who was injured in the fracas.  Deren contended that the State's failure to disclose this letter to him violated the U.S. Supreme Court's decision in Brady v. Maryland because he could have used it to question the bouncer's bias and motive to testify against him.

The Fourth District Court of Appeal rejected Deren's argument and affirmed the conviction, but the Supreme Court of Florida has now quashed that decision, holding that the Fourth District improperly applied Brady.  The Fourth DCA will now reconsider the Brady claims using the proper standard.  Deren v. State, Case No. SC07-1700.

Full post as published by Florida Workers’ Compensation Law Blog on July 10, 2008 (boomark / email).