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WARMINGTON v. STATE

No. SC12-1050.

149 So.3d 648 (2014)

James WARMINGTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 16, 2014.

Attorney(s) appearing for the Case

Carlos Jesus Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Richard L. Polin , Bureau Chief, and Nicholas Adam Merlin , Assistant Attorney General, Miami, FL, for Respondent.

PARIENTE, J.

The conflict issue in this case concerns whether testimony elicited by the State during a criminal trial involving a defendant's failure to produce exculpatory evidence impermissibly shifted the burden of proof from the State to the defendant. In Warmington v. State, 86 So.3d 1188, 1192 (Fla. 3d DCA 2012), the Third District Court of Appeal held that such testimony did not shift the burden of proof because the...

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