# Brown v. State

> District Court of Appeal of Florida · August 30, 1984 · 9 Fla. L. Weekly 1872

URL: https://www.frixlaw.com/law-library/cases/7535970

## Case

- **Full name:** Perry Olin BROWN v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** August 30, 1984
- **Citations:** 9 Fla. L. Weekly 1872; 455 So. 2d 583; 1984 Fla. App. LEXIS 14935
- **Precedential status:** Published
- **Opinion:** Concurrence by Dauksch
- **Judges:** Cowart, Dauksch, Sharp
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7535970

## Opinion text

DAUKSCH, Judge,
concurring specially:
I agree that the state attorney and his assistant state attorneys should not be disqualified in this case. Of course the assistant who prosecuted the case was not the one who testified at trial. There was no showing of any prejudice to the appellant in this case but such could be so in another case. Thus I agree with the result here but am reluctant to join in the majority opinion which seems to announce a per se rule. In my opinion the better way to handle the matter would be to say unless some actual or potential prejudice can be demonstrated by the accused the entire office is not disqualified. For example, if it be shown or strongly indicated that prose-cutorial overreaching in the handling of the case occurred then perhaps the office should be disqualified.
I concur in the result here.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7535970. Public record. Not legal advice.