section 90.804(2) testimony (Florida) · Go Syfert
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section 90.804(2) testimony in Florida

6 Florida opinions name it 3 courts 1990–2016 0 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.

Followed or applied (6)

CaseFollowedCited
Richardson v. Stategreen
fla · 1971 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010Richardson v. State, 247 So.2d 296, 300 (Fla.1971) (“A time-honored and universally recognized exception to the hearsay rule is the so-called ‘former testimony5 exceptions.”). 25 By qualifying as former testimony under section 90.804(2)(a), Danford’s and Ward’s testimony is not vulnerable to a Confrontation Clause challenge.

11
Theodore Trigones v. Lynn Bissonnette, Superintendent, North Central Correctional Institutiongreen
ca1 · 2002 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010Cf. Trigones v. Bissonnette, 296 F.3d 1, 7 (1st Cir.2002) (“[E]vidence admissible under Rule 804(b)(1) is, ‘by definition, not vulnerable to a challenge based upon the Confrontation Clause.’ ”) (quoting United States v. McKeeve, 131 F.3d 1, 9 (1st Cir.1997)).

11
United States v. McKeevegreen
ca1 · 1997 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010Cf. Trigones v. Bissonnette, 296 F.3d 1, 7 (1st Cir.2002) (“[E]vidence admissible under Rule 804(b)(1) is, ‘by definition, not vulnerable to a challenge based upon the Confrontation Clause.’ ”) (quoting United States v. McKeeve, 131 F.3d 1, 9 (1st Cir.1997)).

11
Penalver v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See State v. Hill, 504 So.2d 407, 410-11 (Fla. 2d DCA 1987); cf. Penalver v. State, 926 So.2d 1118, 1135 (Fla.2006) (discussing requirements for admission of prior adversarial hearing testimony).

11
State v. Hillgreen
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See State v. Hill, 504 So.2d 407, 410-11 (Fla. 2d DCA 1987); cf. Penalver v. State, 926 So.2d 1118, 1135 (Fla.2006) (discussing requirements for admission of prior adversarial hearing testimony).

11
Hitchcock v. Stategreen
fla · 1990 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See Hitchcock, 578 So.2d at 690-91 ; Ehrhardt, Florida Evidence § 804.1 (1995 ed.) ("If the declarant is available to testify during the trial, evidence of a hearsay statement is not admissible under any of the section 90.804 exceptions even though all the other statutory requirements are met").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Rodriguez v. State green
fla · 1992
1 sentence

2016After careful consideration, the trial court concluded that Ms. Logan’s testimony was not admissible as former testimony because it was taken as a discovery deposition pursuant to Florida Rule of Criminal Procedure 3.220(h) and not as a deposition to perpetuate testimony for use at trial in compliance with rule 3.190(i). 2 The court cor *389 rectly noted that the supreme court held in State v. Lopez, 974 So.2d 340 (Fla.2008), and Rodriguez v. State, 609 So.2d 493 (Fla.1992), that a deposition that does not meet the requirements of rule 3.190(i) is not admissible as substantive evidence in a cr

12016–2016
State v. Lopez green
fla · 2008
1 sentence

2016After careful consideration, the trial court concluded that Ms. Logan’s testimony was not admissible as former testimony because it was taken as a discovery deposition pursuant to Florida Rule of Criminal Procedure 3.220(h) and not as a deposition to perpetuate testimony for use at trial in compliance with rule 3.190(i). 2 The court cor *389 rectly noted that the supreme court held in State v. Lopez, 974 So.2d 340 (Fla.2008), and Rodriguez v. State, 609 So.2d 493 (Fla.1992), that a deposition that does not meet the requirements of rule 3.190(i) is not admissible as substantive evidence in a cr

12016–2016
Essex v. State green
fladistctapp · 2007
1 sentence

2010This case falls between Essex v. State, 958 So.2d 431 (Fla. 4th DCA 2007) and McClain v. State, 411 So.2d 316 (Fla. 3d DCA 1982), two cases that considered the meaning of the “unavailability of a witness” within the context of the section 90.804(2)(a) former testimony exception to the rule against hearsay.

12010–2010
McClain v. State green
fladistctapp · 1982
1 sentence

2010This case falls between Essex v. State, 958 So.2d 431 (Fla. 4th DCA 2007) and McClain v. State, 411 So.2d 316 (Fla. 3d DCA 1982), two cases that considered the meaning of the “unavailability of a witness” within the context of the section 90.804(2)(a) former testimony exception to the rule against hearsay.

12010–2010
State v. James green
fla · 1981
1 sentence

1990Treating these criminal discovery depositions as former testimony within the meaning of Section 90.804(2)(a), Florida Statutes (1989) would not square with the Court’s decision in State v James, 402 So.2d 1169 (Fla. 1981), upholding reversal of a conviction because a deposition taken under Fla. R.

11990–1990

Statutes the citing opinions construe

FL § 90.804 (6)

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.

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