STATE v. TAPLIS

No. 96-2467.

684 So.2d 214 (1996)

STATE of Florida, Petitioner, v. George TAPLIS, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 12, 1996.


Attorney(s) appearing for the Case

Steve Alexander, State Attorney, and Gary L. Wood, Assistant State Attorney, Palatka, Petitioner.

Michael W. Woodward of Keyser & Woodward, P.A., Interlachen, for Respondent.


HARRIS, Judge.

The primary issue in this case is whether one must show a probability (as opposed to a mere possibility) of tampering in order to exclude relevant physical evidence when there is a gap in the chain of custody. If so, a subsidiary issue remains as to whether the facts of this case reveal evidence of a probability of tampering. We hold that the burden of one attempting to bar otherwise relevant evidence is to show a likelihood of tampering (probability...

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