dying declaration hearsay exception (Florida) · Go Syfert
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dying declaration hearsay exception in Florida

5 Florida opinions name it 2 courts 2007–2024 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.

Followed or applied (2)

CaseFollowedCited
Teffeteller v. Stategreen
fla · 1983 · cited in 2 Florida opinions naming this issue, 2007–2010
2 sentences

2010Although the admissibility of evidence is generally reviewed for abuse of discretion, “whether a proper and sufficient predicate has been established for the admission of a statement under the dying declaration hearsay exception is a mixed question of law and fact that is reviewed under a ‘clearly erroneous’ standard.” Id.; see also Teffeteller v. State, 439 So.2d 840, 843-44 (Fla.1983).

2007See Teffeteller v. State, 439 So.2d 840, 843-44 (Fla.1983).

22
Jones v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011Although the admissibility of evidence is generally reviewed for abuse of discretion, “whether a proper and sufficient predicate has been established for the admission of a statement under the dying declaration hearsay exception is a mixed question of law and fact that is reviewed under a ‘clearly erroneous’ standard.” Jones v. State, 36 So.3d 903, 908 (Fla. 4th DCA 2010) (citations omitted).

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 (3)

CaseCitedYears
Leon Davis, Jr. v. State of Florida green
fla · 2016
1 sentence

2024Id. at 158 .

12024–2024
Labon v. State green
fladistctapp · 2004
1 sentence

2011In Labon v. State, 868 So.2d 1222 (Fla. 3d DCA 2004), the victim was shot and admitted to the hospital for a penetrating wound to the head, neck, and torso.

12011–2011
State v. Weir green
fladistctapp · 1990
2 sentences

2009Id. at 899 .

2009In State v. Weir, 569 So.2d at 897 , the court granted a petition for certiorari to review a trial court’s invalidation of the dying declaration hearsay exception.

12009–2009

Where else courts name it

FL 5 (2007–2024) WA 2 (2009–2009) MN 2 (1998–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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