trustworthiness doctrine in Florida

2025Section 92.565 replaces the traditional corpus delicti rule with a trustworthiness test.1 See Geiger v. State, 907 So. 2d 668 , 673–74 (Fla. 2d DCA 2005).

2016See Hernandez v. State, 946 So. 2d 1270, 1275 (Fla. 2d DCA 2007) ("When section 92.565 is properly invoked, it replaces the corpus delicti doctrine with the trustworthiness doctrine with respect to the offenses listed in the statute." (citing Geiger, 907 So. 2d at 674 )); Bradley, 918 So. 2d at 340 .

2016We concluded that the statute's trustworthiness requirement, like the trustworthiness doctrine in federal jurisprudence, must encompass "some evidence that tends to establish the type of harm for which the defendant is being criminally charged." Id. at 675 (citing Wong Sun v. United States, 371 U.S. 471, 488-89 (1963) ("It is a settled principle of the administration of criminal justice in the federal courts that a conviction must rest upon firmer ground than the uncorroborated admission or confession of the accused.")). - 16 - impairment.

2016We concluded that the statute's trustworthiness requirement, like the trustworthiness doctrine in federal jurisprudence, must encompass "some evidence that tends to establish the type of harm for which the defendant is being criminally charged." Id. at 675 (citing Wong Sun v. United States, 371 U.S. 471, 488-89 (1963) ("It is a settled principle of the administration of criminal justice in the federal courts that a conviction must rest upon firmer ground than the uncorroborated admission or confession of the accused.")). - 16 - impairment.

2025Penn. 1983))); cf. United States v. Lopez-Alvarez, 970 F.2d 583, 592 (9th Cir. 1992) (explaining that, under the federal trustworthiness doctrine, the State "must introduce independent evidence tending to establish the trustworthiness of the admissions, unless the confession is, by virtue of special circumstances, inherently reliable" (emphasis added)); People v. LaRosa, 293 P.3d 567 , 577–78 (Colo. 2013) ("Under the trustworthiness standard, the prosecution is not required to present evidence other than a defendant's confession to establish the corpus delicti.

2005See, e.g., Wong Sun, 371 U.S. at 489 n. 15, 83 S.Ct. 407 ; Lopez-Alvarez, 970 F.2d at 592 .

2025See Riano v. Bank of Am., N.A., 338 So. 3d 953 , 954 (Fla. 3d DCA 2022) (“We affirm the final judgment in favor of the Bank on the basis that there is no independent cause of action for a lender’s failure to provide a loan modification agreement under [the Home Affordable Modification Program] . . . .”); HSBC Bank USA, Nat’l Ass’n v. Buset, 241 So. 3d 882, 890 (Fla. 3d DCA 2018) (“Under the law of negotiable instruments, therefore, the Bank had standing because it was the holder of a note originally indorsed in blank and then specially indorsed to the Bank.”); Id. at 891 (“Indeed, ‘[w]here a b

2018Indeed, “[w]here a business takes custody of another business’s records and integrates them within its own records” the trustworthiness requirement of the records will be met in “most instances . . . by providing evidence of a business relationship or contractual obligation between the parties that ensures a substantial incentive for accuracy.” Bank of New York v. Calloway, 157 So. 3d 1064, 1071-72 (Fla. 4th DCA 2015).

2025See Riano v. Bank of Am., N.A., 338 So. 3d 953 , 954 (Fla. 3d DCA 2022) (“We affirm the final judgment in favor of the Bank on the basis that there is no independent cause of action for a lender’s failure to provide a loan modification agreement under [the Home Affordable Modification Program] . . . .”); HSBC Bank USA, Nat’l Ass’n v. Buset, 241 So. 3d 882, 890 (Fla. 3d DCA 2018) (“Under the law of negotiable instruments, therefore, the Bank had standing because it was the holder of a note originally indorsed in blank and then specially indorsed to the Bank.”); Id. at 891 (“Indeed, ‘[w]here a b

2025See Riano v. Bank of Am., N.A., 338 So. 3d 953 , 954 (Fla. 3d DCA 2022) (“We affirm the final judgment in favor of the Bank on the basis that there is no independent cause of action for a lender’s failure to provide a loan modification agreement under [the Home Affordable Modification Program] . . . .”); HSBC Bank USA, Nat’l Ass’n v. Buset, 241 So. 3d 882, 890 (Fla. 3d DCA 2018) (“Under the law of negotiable instruments, therefore, the Bank had standing because it was the holder of a note originally indorsed in blank and then specially indorsed to the Bank.”); Id. at 891 (“Indeed, ‘[w]here a b

2024Certain purported "self-serving exculpatory statement[s]" made by a defendant might lack "reliability and trustworthiness . . . ." See Cotton v. State, 763 So. 2d 437, 442 (Fla. 4th DCA 2000) (concluding that a defendant's 33 "post-arrest statement to the police, wherein he explained his prior state of mind and conduct surrounding possession of the cocaine" and denied "guilty knowledge of the cocaine c[ould not] be construed as a statement of then-existing state of mind offered for the reasons contemplated by section 90.803(3) . . . [because] his statement [was] precisely the type of self-serv

2016See Hernandez v. State, 946 So. 2d 1270, 1275 (Fla. 2d DCA 2007) ("When section 92.565 is properly invoked, it replaces the corpus delicti doctrine with the trustworthiness doctrine with respect to the offenses listed in the statute." (citing Geiger, 907 So. 2d at 674 )); Bradley, 918 So. 2d at 340 .

2016See Hernandez v. State, 946 So.2d 1270, 1275 (Fla. 2d DCA 2007) (“When section 92.565 is properly invoked, it replaces the corpus delicti doctrine with the trustworthiness doctrine with respect to the offenses listed in the statute.” (citing Geiger, 907 So.2d at 674 )); Bradley, 918 So.2d at 340 .

2005See, e.g., Burks v. State, 613 So.2d 441, 445-46 (Fla.1993) (Shaw, J., concurring in part and dissenting in part).