STATE v. MARTINEZ

No. 4D09-177.

4 So.3d 712 (2009)

STATE of Florida, Petitioner, v. Luis MARTINEZ, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 3, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for petitioner.

John R. Howes, Fort Lauderdale, for respondent.


DAMOORGIAN, J.

The State petitions for a writ of certiorari or prohibition seeking review of an order disqualifying the Office of the State Attorney for the Seventeenth Judicial Circuit based on the prosecutors' violation of the criminal defendant's right to confidential communication with his lawyer.

While at trial, defense counsel discovered that a prosecutor in the case listened to two telephone conversations between...

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