Jeffrey Wiggs, Law P.A.

Criminal law -- Statements of defendant -- Discovery -- State's failure to comply -- Hearing -- Failure to conduct -- New trial -- Trial court erred by failing to conduct a Richardson hearing upon learning that state committed a discovery violation when it failed to disclose an incriminating statement that defendant made to law enforcement in which defendant stated that he wanted to speak to officers about possibly becoming an informant –[[[ A trial court is obligated to conduct a Richardson hearing when informed of the possibility of a discovery violation even when a defendant does not request a hearing]]]] -- Record makes clear that state committed a discovery violation -- Fact that law enforcement officer had previously testified to defendant's statement at a hearing on defendant's motion to suppress did not negate the discovery violation -- State had an affirmative duty to disclose to defense counsel in writing the substance of any oral statements made by the defendant, including a copy of any statements contained in police reports or report summaries, together with the name and address of the witness to each statement –[[[[ Trial court's failure to conduct Richardson hearing was not harmless where record was not sufficient to find beyond a reasonable doubt that, had defendant's trial counsel been properly made aware of the statement which directly undermined his trial strategy, trial counsel would not have altered his trial strategy or preparation in a manner that could have reasonably benefitted defendant]]]]]