green
Positive treatment
5.7 score
Top citers, strongest first. 5 distinct citers.
How cited ↗
cited
Cited "see"
McCartney v. State of Florida
See State v. Contreras, 924 So. 2d 810 (Fla. 2006); Contreras v. State, 910 So. 2d 901, 902 (Fla. 4th DCA 2005), decision approved in part, quashed in part, 979 So. 2d 896 (Fla. 2008).
discussed
Cited "see"
Gonzalez v. State
See Johnson v. State, 929 So.2d 4, 8 (Fla. 2d DCA 2005) ("The business records exception may have been the vehicle for admitting the report, but the vehicle does not determine the nature of the out-of-court statement."), review granted State v. Johnson, 924 So.2d 810 (Fla.2006); Belvin v. State, 922 So.2d 1046 (Fla.4th DCA 2006) (holding that breath test affidavits are not all non-testimonial simply because they fall under public records exception), review granted State v. Belvin, 928 So.2d 336 (Fla.2006).
discussed
Cited "see"
Hernandez v. State
See Contreras v. State, 910 So.2d 901, 905-06 (Fla. 4th DCA 2005), review granted, 924 So.2d 810 (Fla.2006) (finding that child victim's videotaped statement to CPT coordinator was testimonial); see also Myrna Raeder, Remember the Ladies and the Children Too: Crawford's Impact on Domestic Violence and Child Abuse Cases, 71 Brook.
discussed
Cited "see, e.g."
State v. O'MALEY
Thus, as the Court of Appeals for the District of Columbia reasoned, "where a document is created primarily for the government to use . . . as a substitute for live testimony in a criminal prosecution, the fact that the document might happen to fall within the jurisdiction's business records exception to the hearsay rule does not render the document non-testimonial." Thomas, 914 A.2d at 14 ; see also Johnson v. State, 929 So.2d 4, 7 (Fla.Dist.Ct.App. 2005), review granted, 924 So.2d 810 (Fla. 2006).
discussed
Cited "see, e.g."
Fencher v. State
See, e.g., Johnson v. State, 929 So.2d 4 (Fla. 2d DCA 2005) (holding that admission of FDLE lab test introduced through supervisor of unavailable individual who actually performed lab tests *187 was testimonial hearsay even if admitted as a business record and violated defendant's right of confrontation), rev. granted, 924 So.2d 810 (Fla.2006); Belvin v. State, 922 So.2d 1046, 1054 (Fla. 4th DCA 2006) (holding that, in DUI proceeding, portions of breath test affidavit pertaining to technician's procedures and observations in administering the breath test constituted testimonial evidence, and a…
Retrieving the full opinion text from the archive…
SCHULTZ
v.
STATE.
v.
STATE.
SC05-1441.
Supreme Court of Florida.
Feb 15, 2006.
Published
Decision without published opinion. Hab. Corp. denied as procedurally barred.