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Douglas D. McCall v. Florida

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D22-476 · judgment December 13, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a state evidentiary rule prohibiting the introduction of extrinsic evidence of an alleged minor victim’s prior inconsistent statements/recantations (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.

Counsel of record

For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.

For respondent
Richard Alexander Pallas Jr.
State of Florida Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
22A843

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 30 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Aug 23 2023
    Waiver of right of respondent Florida to respond filed.
  4. May 10 2023
    Petition for a writ of certiorari filed. (Response due August 28, 2023)
  5. Mar 28 2023
    Application (22A843) granted by Justice Thomas extending the time to file until May 10, 2023.
  6. Mar 24 2023
    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.