No. 23-81

Douglas D. McCall v. Florida

Lower Court: Florida
Docketed: 2023-07-27
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-rights criminal-defendant criminal-defendant-rights extrinsic-evidence fourteenth-amendment minor-victim prior-inconsistent-statement sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a state evidentiary rule prohibiting the introduction of extrinsic evidence of an alleged minor victim's prior inconsistent statement must yield to a criminal defendant's constitutional rights

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a state evidentiary rule prohibiting the introduction of extrinsic evidence of an alleged minor victim’s prior inconsistent (i.e., a video deposition where the alleged minor victim denied that any criminal activity occurred) must yield to a criminal defendant’s constitutional rights under the Sixth and Fourteenth Amendments — thereby allowing the introduction of the video deposition where the minor victim recanted — in a case where the prosecution introduced not only the alleged minor victim’s testimony at trial but also a video of the alleged minor victim’s prior interview with law enforcement officials where she initially made the allegations. ii B. PARTIES INVOLVED AND RELATED CASES 1. Parties Involved The parties involved are identified in the style of the case. Petitioner, Douglas D. McCall, was the defendant in the trial court proceedings and the appellant in the appellate court proceedings. Respondent, the State of Florida, was the plaintiff in the trial court proceedings and the appellee in the appellate court proceedings. 2. Related Cases a. State of Florida v. Douglas D. McCall, case no. 2018-CF-000233, Florida Fifth Judicial Circuit Court, Lake County. Judgment entered on October 15, 2021. b. Douglas D. McCall v. State of Florida, case no. 5D22-476, Florida Fifth District Court of Appeal. Opinion entered on December 13, 2022, rehearing denied on December 21, 2022. iii C.

Docket Entries

2023-10-02
Petition DENIED.
2023-08-30
DISTRIBUTED for Conference of 9/26/2023.
2023-08-23
Waiver of right of respondent Florida to respond filed.
2023-05-10
2023-03-28
Application (22A843) granted by Justice Thomas extending the time to file until May 10, 2023.
2023-03-24
Application (22A843) to extend the time to file a petition for a writ of certiorari from April 9, 2023 to May 10, 2023, submitted to Justice Thomas.

Attorneys

Douglas D. McCall
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Florida
Richard Alexander Pallas Jr.State of Florida Office of the Attorney General, Respondent