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determining the guilt or innocence of the defendant .” 3 And deposing all Category A witnesses is vital to ensuring that the defendant ’ s constitutional right to effective counsel is protected , because defense counsel must meaningfully participate in the discovery process . 4 Preventing a defendant from deposing all Category A witnesses deprives him or her of the right to question material witnesses who will testify on behalf of the prosecution . 5 When a defendant seeks to depose all Category A witnesses , he or she is seeking to avoid any prejudicial surprise at trial . 6
Defense counsel has a duty to render effective assistance of counsel to his or her client . Part of that effective assistance requires meaningful participation in discovery , learning more facts that help determine guilt or innocence , and minimizing the risk of surprise at trial . When the defendant seeks to depose all Category A witnesses , defense counsel is fulfilling his or her ethical obligations as the defendant ’ s advocate . n
1
See Carlson v . State , 227 So . 3d 1261 , 1268 ( Fla . 1st DCA 2017 ) (“ Generally ‘ any ’ means ‘ all .’”).
2
See Carnivale v . State , 271 So . 2d 793 , 795 ( Fla . 3d DCA 1973 ).
3
See Davis v . State , 73 So . 3d 304 , 307 ( Fla . 1st DCA 2011 ).
4
See Ferrell v . State , 29 So . 3d 959 , 969 ( Fla . 2010 ).
5
See Magbanua v . State , 281 So . 3d 523 , 526 ( Fla . 1st DCA 2019 ).
6
See Moon v . State , 317 So . 3d 153 , 157 – 58 ( Fla . 4th DCA 2021 ).
Author : Diego M . Pestana – Suarez Law Firm
J u l - A u g 2 0 2 3 | H C B A l A W Y E R
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