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10 Florida opinions name it 2 courts 1993–2023 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Townsendgreen2 sentences2016But the Florida Supreme Court has never taken that approach, instead insisting that "the trustworthiness and reliability requirements of section 90.803(23) be strictly followed.” Townsend, 635 So.2d at 957 . 2016WINSOR, J., dissenting. “[I]t is essential that the trustworthiness and reliability requirements of section 90.803(23) be strictly followed.” State v. Townsend, 635 So.2d 949, 957 (Fla.1994). | 3 | 4 |
Elwell v. Stategreen2 sentences2013Elwell v. State, 954 So.2d 104, 106 (Fla. 2d DCA 2007); Wykle v. State, 659 So.2d 1287, 1288-89 (Fla. 5th DCA 1995); see also McCloud v. State, 91 So.3d 940 (Fla. 1st DCA 2012). 2011We also reject the state’s request to certify conflict with Elwell v. State, 954 So.2d 104 (Fla. 2d DCA 2007). | 1 | 2 |
Wykle v. Stategreen1 sentence2013Elwell v. State, 954 So.2d 104, 106 (Fla. 2d DCA 2007); Wykle v. State, 659 So.2d 1287, 1288-89 (Fla. 5th DCA 1995); see also McCloud v. State, 91 So.3d 940 (Fla. 1st DCA 2012). | 1 | 1 |
McCloud v. Stategreen1 sentence2013Elwell v. State, 954 So.2d 104, 106 (Fla. 2d DCA 2007); Wykle v. State, 659 So.2d 1287, 1288-89 (Fla. 5th DCA 1995); see also McCloud v. State, 91 So.3d 940 (Fla. 1st DCA 2012). | 1 | 1 |
Heuss v. Stategreen1 sentence2011See Hopkins v. State, 632 So.2d 1372, 1376 (Fla.1994) (holding that defense counsel’s general objection to the reliability of child hearsay statements necessarily encompassed the sufficiency of the trial court’s findings as to that reliability under section 90.803(23) and that defense counsel was not required to specify each finding of fact to which he was objecting); see also Heuss v. State, 660 So.2d 1052, 1056 (Fla. 4th DCA 1995). | 1 | 1 |
Hopkins v. Stategreen1 sentence2011See Hopkins v. State, 632 So.2d 1372, 1376 (Fla.1994) (holding that defense counsel’s general objection to the reliability of child hearsay statements necessarily encompassed the sufficiency of the trial court’s findings as to that reliability under section 90.803(23) and that defense counsel was not required to specify each finding of fact to which he was objecting); see also Heuss v. State, 660 So.2d 1052, 1056 (Fla. 4th DCA 1995). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Idaho v. Wright
red
2 sentences1994Perez, however, was rendered before the United States Supreme Court issued its ruling in Idaho v. Wright, 497 U.S. 805 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1990), under which Townsend now contends that section 90.803(23) is unconstitutional. 1994Perez, however, was rendered before the United States Supreme Court issued its ruling in Idaho v. Wright, 497 U.S. 805 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1990), under which Townsend now contends that section 90.803(23) is unconstitutional. | 2 | 1993–1994 |
Elghomari v. State
green
1 sentence2023Elghomari, 66 So. 3d at 420 . | 1 | 2023–2023 |
Williams v. State
green
1 sentence2020Accordingly, the trial court was never placed on notice of any error with respect to its findings and, thus, was never given an opportunity to correct any deficiency. ∗ Williams v. State, 110 So. 2d 654 (Fla. 1959). 9 Separate and apart from reliability factors enumerated in section 90.803(23)(a), subpart (c) requires that “[t]he court shall make specific findings of fact, on the record, as to the basis for its ruling under this subsection.” A sufficiency challenge relates not to the merits of the section 90.803(23)(a) analysis but to the contents or breadth of the challenged order. | 1 | 2020–2020 |
Perez v. State
green
1 sentence1998The Townsend court repeated its holding in Perez v. State, 536 So.2d 206 (Fla.1988), that the "specific reliability requirements in section 90.803(23) provided sufficient safeguards of reliability to meet the `particularized guarantees of trustworthiness' standard set forth in Roberts. " 635 So.2d at 954 (referring to Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). | 1 | 1998–1998 |
Ohio v. Roberts
red
2 sentences1998The Townsend court repeated its holding in Perez v. State, 536 So.2d 206 (Fla.1988), that the "specific reliability requirements in section 90.803(23) provided sufficient safeguards of reliability to meet the `particularized guarantees of trustworthiness' standard set forth in Roberts. " 635 So.2d at 954 (referring to Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). 1998The Townsend court repeated its holding in Perez v. State, 536 So.2d 206 (Fla.1988), that the "specific reliability requirements in section 90.803(23) provided sufficient safeguards of reliability to meet the `particularized guarantees of trustworthiness' standard set forth in Roberts. " 635 So.2d at 954 (referring to Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980)). | 1 | 1998–1998 |
State v. Jones
green
1 sentence1994State v. Jones, 625 So.2d 821 (Fla. 1993) (statements of fault or identity are not admissible under the medical diagnosis hearsay exception contained in section 90.803(4) but may be admissible under section 90.803(23) if they meet the requirements of that section). | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.