Macias v. State
The Fourth DCA reversed a lewd molestation conviction after finding the trial court erred in ruling that the state's failure to disclose a DNA analyst's finding of unidentified male DNA on the victim's shorts was not a discovery violation, and therefore erred in not conducting a required Richardson hearing. The court held that an omission from a disclosed expert report constitutes a discovery violation just as an alteration would, that defense counsel's failure to depose the expert does not waive the violation, and that the errors were not harmless because the state used the belatedly-disclosed evidence to argue 'common sense' guilt in closing.
Key facts
- Defendant was convicted of lewd molestation in the trial court.
- The state's DNA analyst found unidentified male DNA on the victim's shorts but omitted this finding from the expert report initially disclosed to the defense.
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Why it matters
This opinion is significant because it squarely rejects the notion that an omission from an already-disclosed expert report is different from an outright discovery violation, closing off a potential end-run around Rule… — full analysis with a trial
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