HEARSAY
St. Lot v. State, 4D19- 022 (Fla. 4th DCA 2020) Child hearsay of incompetent four year old victim is admissible where mother had just seen some of the sexual abuse.
Baldwin v. State, 44 Fla. L. Weekly D1306b (Fla. 1st DCA 2019) Hearsay evidence is admissible in violation of probation hearings, but hearsay evidence that is not corroborated by non-hearsay evidence is insufficient to establish a violation of probation.
Recco v. State, 264 So.3d 273 (Fla. 5th DCA 2019) Limitation on defendant’s right to confront five year old alleged victim with her prior inconsistent statements at trial for lewd or lascivious molestation, exhibition, and conduct was not harmless error.
Helms v. State, 44 Fla. L. Weekly D1288a (Fla. 4th DCA 2019) Officer’s testimony that the phone number was the Defendant’s, based on the Defendant’s girlfriend’s alleged statement (denied by the girlfriend) to the officer that it was, leading to the procurement of phone records was inadmissible hearsay. The records thereby linked to the defendant were consequently inadmissible.
North v. State, 2D16-2030 (Fla.3rd DCA 2017) Where defendant was charged with dealing in stolen property on basis of his taking and selling of his employer’s scrap metal, it was error to exclude defendant’s testimony that he had been given permission in email messages to take the scrap metal for himself — Defendant’s prospective testimony was not inadmissible hearsay, as the statements went to defendant’s state of mind, and not to prove the truth of the matter asserted.
Davis v. State, 207 So.3d 177 (Fla 4th DCA. 2016) The absence of all hope of recovery, and appreciation by the declarant of his speedy and inevitable death, are a preliminary foundation that must always be laid to make dying declarations admissible under exception to hearsay rule under Florida Statute 90.804(2)(b).
Lopiano v. State, 164 So.3d 82 (Fla. 4th DCA 2015) Police officer’s statements during interview that he did not believe defendant’s denials of officer’s accusation that defendant digitally penetrated alleged victim were not admissible in prosecution for lewd or lascivious molestation, where the probative value of the statements was sufficiently outweighed by the unfair prejudice to his defense engendered by admission of the officer’s commentary. A police officer’s testimony or comments suggesting a defendant’s guilt invades the province of the jury to decide guilt or innocence.
J.B. v. State, 166 So.3d 813 (Fla. 4th DCA 2014) Hearsay testimony of store security officer in delinquency adjudication proceedings, relating his co-worker’s statement that subject juvenile took bracelet from store, was not admissible to explain “state of mind” of officer who heard hearsay or to explain logical sequence of events.
HEARSAY
St. Lot v. State, 4D19- 022 (Fla. 4th DCA 2020) Child hearsay of incompetent four year old victim is admissible where mother had just seen some of the sexual abuse.
Baldwin v. State, 44 Fla. L. Weekly D1306b (Fla. 1st DCA 2019) Hearsay evidence is admissible in violation of probation hearings, but hearsay evidence that is not corroborated by non-hearsay evidence is insufficient to establish a violation of probation.
Recco v. State, 264 So.3d 273 (Fla. 5th DCA 2019) Limitation on defendant’s right to confront five year old alleged victim with her prior inconsistent statements at trial for lewd or lascivious molestation, exhibition, and conduct was not harmless error.
Helms v. State, 44 Fla. L. Weekly D1288a (Fla. 4th DCA 2019) Officer’s testimony that the phone number was the Defendant’s, based on the Defendant’s girlfriend’s alleged statement (denied by the girlfriend) to the officer that it was, leading to the procurement of phone records was inadmissible hearsay. The records thereby linked to the defendant were consequently inadmissible.
North v. State, 2D16-2030 (Fla.3rd DCA 2017) Where defendant was charged with dealing in stolen property on basis of his taking and selling of his employer’s scrap metal, it was error to exclude defendant’s testimony that he had been given permission in email messages to take the scrap metal for himself — Defendant’s prospective testimony was not inadmissible hearsay, as the statements went to defendant’s state of mind, and not to prove the truth of the matter asserted.
Davis v. State, 207 So.3d 177 (Fla 4th DCA. 2016) The absence of all hope of recovery, and appreciation by the declarant of his speedy and inevitable death, are a preliminary foundation that must always be laid to make dying declarations admissible under exception to hearsay rule under Florida Statute 90.804(2)(b).
Lopiano v. State, 164 So.3d 82 (Fla. 4th DCA 2015) Police officer’s statements during interview that he did not believe defendant’s denials of officer’s accusation that defendant digitally penetrated alleged victim were not admissible in prosecution for lewd or lascivious molestation, where the probative value of the statements was sufficiently outweighed by the unfair prejudice to his defense engendered by admission of the officer’s commentary. A police officer’s testimony or comments suggesting a defendant’s guilt invades the province of the jury to decide guilt or innocence.
J.B. v. State, 166 So.3d 813 (Fla. 4th DCA 2014) Hearsay testimony of store security officer in delinquency adjudication proceedings, relating his co-worker’s statement that subject juvenile took bracelet from store, was not admissible to explain “state of mind” of officer who heard hearsay or to explain logical sequence of events.
