technician who performed test (Florida) · Go Syfert
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technician who performed test in Florida

5 Florida opinions name it 2 courts 1985–2013 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 (3)

CaseFollowedCited
Belvin v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., Belvin v. State, 922 So.2d 1046, 1054 (Fla. 4th DCA 2006) (holding that admission of a breath test affidavit without providing the defendant with the opportunity to cross-examine the technician who performed the test violated the defendant’s confrontation rights); Johnson v. State, 929 So.2d 4, 8 (Fla. 2d DCA 2005) (holding that admission of a lab test identifying a substance found on the defendant as cocaine without providing the defendant with the opportunity to question the law enforcement officer who actually performed the lab tests violated the defendant’s confrontation rights)

11
Johnson v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., Belvin v. State, 922 So.2d 1046, 1054 (Fla. 4th DCA 2006) (holding that admission of a breath test affidavit without providing the defendant with the opportunity to cross-examine the technician who performed the test violated the defendant’s confrontation rights); Johnson v. State, 929 So.2d 4, 8 (Fla. 2d DCA 2005) (holding that admission of a lab test identifying a substance found on the defendant as cocaine without providing the defendant with the opportunity to question the law enforcement officer who actually performed the lab tests violated the defendant’s confrontation rights)

11
State v. Belvingreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2009–2009
2 sentences

2009Similarly, in State v. Belvin, 986 So.2d 516, 518 (Fla.2008), we held that admission of a breath-test affidavit violated the Confrontation Clause where the technician who performed the test did not testily during trial.

2009Similarly, in State v. Belvin, 986 So.2d 516, 518 (Fla.2008), we held that admission of a breath-test affidavit violated the Confrontation Clause where the technician who performed the test did not testify during trial.

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 (4)

CaseCitedYears
Pflieger v. State green
fladistctapp · 2007
1 sentence

2008In Davis v. Washington, 547 U.S. 813 , 126 S.Ct. 2266, 2274 , 165 L.Ed.2d 224 (2006), the Court elaborated that a statement is “testimonial” and not admissible under Crawford where the “primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.” In Pflieger v. State, 952 So.2d 1251 (Fla. 4th DCA 2007), we held that the annual inspection report of a breath testing machine was admissible in evidence in a DUI case without the testimony of the technician who performed the test.

12008–2008
Davis v. Washington green
scotus · 2006
2 sentences

2008In Davis v. Washington, 547 U.S. 813 , 126 S.Ct. 2266, 2274 , 165 L.Ed.2d 224 (2006), the Court elaborated that a statement is “testimonial” and not admissible under Crawford where the “primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.” In Pflieger v. State, 952 So.2d 1251 (Fla. 4th DCA 2007), we held that the annual inspection report of a breath testing machine was admissible in evidence in a DUI case without the testimony of the technician who performed the test.

2008In Davis v. Washington, 547 U.S. 813 , 126 S.Ct. 2266, 2274 , 165 L.Ed.2d 224 (2006), the Court elaborated that a statement is “testimonial” and not admissible under Crawford where the “primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.” In Pflieger v. State, 952 So.2d 1251 (Fla. 4th DCA 2007), we held that the annual inspection report of a breath testing machine was admissible in evidence in a DUI case without the testimony of the technician who performed the test.

12008–2008
Love v. Garcia green
fla · 1994
1 sentence

1999He recognizes that the report would have been admissible as a business record in a civil case under Love v. Garcia, 634 So.2d 158 (Fla. 1994), but argues that Love does not apply in criminal cases.

11999–1999
Dutilly v. DEPT. OF HEALTH & REHAB. SERVICES green
fladistctapp · 1984
1 sentence

1985The only witness who appeared on behalf of HRS at the adjudicatory hearing was a case worker who neither had any actual knowledge of the information contained in the exhibits admitted into evidence, nor had custody of them, or was otherwise qualified as a witness, as required by the business records exception to the Florida Evidence Code. § 90.803(6)(a), Fla. Stat. Cf. Dutilly v. Department of Health & Rehabilitative Services, 450 So.2d 1195 (Fla. 5th DCA 1984) (HLA blood test results could not be admitted in a paternity action, because the technician who performed the test was neither availab

11985–1985

Statutes the citing opinions construe

FL § 90.803 (3)

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.

Where else courts name it

PA 7 (1988–2013) FL 5 (1985–2013) TN 2 (2010–2017)

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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