The 2024 Florida Statutes
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. . . ." § 90.801(1)(c), Fla. Stat. (2018). . . .
. . . ." § 90.801(1)(c), Fla. Stat. (2017). . . . [o]ne of identification of a person made after perceiving the person." § 90.801(2)(c). . . . the interviewing investigators was not hearsay but fell under the identification exception of section 90.801 . . .
. . . Section 90.801(2)(c), Florida Statutes (2016), states: "A statement is not hearsay if the declarant testifies . . . out-of-court identification, unlike that of the other two eyewitnesses, would not be admissible under section 90.801 . . . As noted above, section 90.801(2)(c) provides a hearsay exception for statements of identification. . . . "Florida courts have limited the scope of section 90.801(2)(c) to exclude statements containing descriptions . . . officer's testimony recounted, do not qualify as non-hearsay 'statements of identification' under section 90.801 . . .
. . . See § 90.801(2)(a), Fla. . . . substantive evidence, because it was not given under oath at another proceeding, as required by section 90.801 . . .
. . . ." § 90.801(2)(b), Fla. Stat. (2016) (emphasis added); see also Chandler v. . . . See § 90.801(2)(b), Fla. Stat. . . . See § 90.801(2)(b), Fla. Stat. . . .
. . . ." § 90.801(1)(c), Fla. Stat. (2018). . . .
. . . child hearsay exception, section 90.803(23), and not as prior inconsistent statements under section 90.801 . . . Moore ... applies regardless of whether the prior inconsistent statement is admitted under section 90.801 . . .
. . . Section 90.801(1)(c), Florida Statutes (2014), defines "hearsay" as "a statement, other than one made . . . The express language of the section 90.801 definition of hearsay controls over practical considerations . . .
. . . State , 609 So.2d 493, 500 (Fla. 1992) ); § 90.801(2)(b), Fla. Stat. (2018). . . .
. . . . § 90.801, Fla. Stat. . . . See § 90.801(1)(c), Fla. Stat. (2018). . . .
. . . Section 90.801(1)(c), Florida Statutes (2017), defines "hearsay" as "a statement, other than one made . . .
. . . Moreover, it appears that the 911 call could have been admissible as non-hearsay under section 90.801 . . .
. . . See § 90.801(1)(c), Fla. Stat. (2015) ; Keen v. . . .
. . . evidence and not merely as impeachment, e.g., prior testimony at a trial, hearing or other proceeding ( § 90.801 . . .
. . . State, 775 So.2d 263, 274 (Fla. 2000) (first citing § 90.801(1)(c), Fla. . . .
. . . Pursuant to section 90.801(2)(b), Florida Statutes (2014), such a statement may constitute admissible . . . Yeater’s recorded statement—is generally inadmissible hearsay, see §§ 90.801(1)(c), 802, and thus cannot . . .
. . . .” § 90.801(1)(e), Fla. Stat. (2015). . . . statements by several declarants who did not testify at trial, and were offered to prove their truth. § 90.801 . . .
. . . See §§ 90.801-.803, Fla. Stat. (2015). . . . See §§ 90.801-.802, Fla. Stat. (2015). . . .
. . . The State responds that this evidence was admissible as a statement of identification under Section 90.801 . . . Section 90.801(2)(c), Florida Statutes (2012), states in pertinent part: A statement is not hearsay if . . . Based on the foregoing, we hold that Section 90.801(2)(c), Florida Statutes (2012), applies to out-of-court . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2013) (emphasis added). . . .
. . . State, 702 So.2d 186, 197-98 (Fla. 1997) (quoting § 90.801(2)(b), Fla. Stat. (1989)). . . .
. . . .” § 90.801(2)(b), Fla. . . . Tundidor’s inference that Junior had-an improper motive, Detective Kendall’s testimony fell within section 90.801 . . . State, 609 So.2d 493, 500 (Fla. 1992) (holding that section 90.801(2)(b) applied when “[djefense counsel . . .
. . . Under section 90.801(2)(a), Florida Statutes (2015), prior inconsistent statements can be admitted as . . . oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition.” § 90.801 . . . given at an ‘other proceeding1 and consequently is not admissible as substantive evidence under section 90.801 . . .
. . . Larzelere, 676 So.2d at 402 (quoting § 90.801(1)). . . . In asserting that the plain language of section 90.801 and fairness required the contemporaneous introduction . . . .” § 90.801(l)(c), Fla. Stat. (2014). . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2015). . . . This was clearly “a statement, other than one made by the declarant while testifying.” § 90.801(l)(c) . . . For hearsay purposes, a “statement” is “[a]n oral or written assertion” made by a “declarant.” § 90.801 . . . A “declarant” is “a person who makes a statement.” § 90.801(l)(b), Fla. Stat, (2015). . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2013). . . .
. . . wjhile the victim’s description of his assailant is not an ‘identification’ under Florida Statute - 90.801 . . . out-of-court description of the assailant was not admissible as statements of identification under section 90.801 . . .
. . . .” § 90.801, Fla. Stat. (2015). . . .
. . . See § 90.801(2)(b), Fla. . . .
. . . than one made by the declarant ... offered in evidence to prove the truth of the matter asserted,” § 90.801 . . .
. . . .” § 90.801(1)(c), Fla. Stat. . . .
. . . Although both Senobi’s and Agenor’s statements qualify as hearsay under section 90.801, Florida Statutes . . .
. . . was in the location away from his residence as reflected in the GPS data. 43 So.3d at 886; see also § 90.801 . . .
. . . See § 90.801(c), Fla. . . .
. . . See § 90.801(l)(c), Fla. . . . officer's testimony recounted, do not qualify as non-hearsay “statements of identification” under section 90.801 . . . An ‘identification of a person [made] after perceiving [the person],’ [under] subsection 90.801(2)(c) . . . State, 820 So.2d 359, 360 (Fla. 4th DCA 2002) (where section 90.801(2)(c) did not authorize the admission . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2014). . . .
. . . See § 90.801(1)(c), Fla. Stat. (2015). . . .
. . . person made after perceiving the person,” which is excluded from the definition of hearsay under section 90.801 . . .
. . . See § 90.801(1)(c), Fla. . . .
. . . . § 90.801(1)(c), Fla. . . . See § 90.801(2)(b); Howard v. State, 152 So.3d 825, 828 (Fla. 2d DCA 2014). . . . might have been admissible to rebut an 'express or implied charge of recent fabrication under section 90.801 . . .
. . . Section 90.801(l)(c), Florida Statutes (2012), defines' hearsay as “a statement, other than one made . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2014). . . .
. . . (explaining that “hearsay,” as defined in section 90.801(l)(c), Florida Statutes, is an out-of-court . . .
. . . See §§ 90.801, .802, Fla. Stat. (2013). . . .
. . . whether certain out-of-court statements were "statements of identification” as contemplated by section 90.801 . . .
. . . See § 90.801, Fla. Stat. (2012). . . .
. . . .”- § 90.801(l)(c), Fla. Stat. (2014). . . . .” § 90.801(l)(b). . . .
. . . Section 90.801, Florida Statutes (2013), defines “hearsay” as “a statement, other than one made by the . . .
. . . .” § 90.801(1)(e), Fla. Stat. (2012). . . .
. . . . § 90.801, Fla. Stat. (2013). . . .
. . . . § 90.801(l)(c), Fla. Stat. (2014). . . .
. . . deposition given by a victim who recanted at trial was not admissible as substantive evidence under section 90.801 . . .
. . . See § 90.801(1)(b), Fla. Stat. (2014). . . .
. . . .” § 90.801, Fla. Stat. (2013). . . .
. . . See § 90.801(1)(c), Fla. . . . See § 90.801(1)(b), Fla. Stat. (2014). . . .
. . . .” § 90.801(1), Fla. Stat. (2015). The trial court properly rejected this , challenge. . . .
. . . .” § 90.801(1)(c), Fla. Stat. (2013); see Fed. R.Evid. 801(c). . . .
. . . We conclude, as did the trial court, that the statement was proper pursuant to section 90.801(2), Florida . . .
. . . argument that the testimony concerning Mary Sum-merall’s calls constituted hearsay as defined in section 90.801 . . .
. . . State, 977 So.2d 770, 773 (Fla. 2d DCA 2008) (quoting § 90.801(1)(e), Fla. Stat. (2006)). . . .
. . . See § 90.801(l)(c), Fla. Stat. (2013). . . .
. . . See § 90.801(l)(e), Fla. Stat. (2014); see also Wyatt v. . . .
. . . .” § 90.801(2)(b), Fla. Stat. (2013). . . .
. . . State, 926 So.2d 1118, 1131-32 (Fla.2006), the Court explained that: Hearsay is defined in section 90.801 . . .
. . . (quoting § 90.801(1)(b), Fla. Stat. (2000))). . . .
. . . See §§ 90.801, 90.803(6), Fla. Stat. . . .
. . . See § 90.801(1)(c), Fla. . . . .” § 90.801(c), Florida Statutes (2013). . . .
. . . .” § 90.801(D(c), Fla. Stat. (2013). Hearsay is inadmissible unless an exception applies. . . . offered for the truth of the matter asserted can be considered non-hearsay only if it falls under section 90.801 . . . improper influence, motive, or recent fabrication; or (3) is offered as identification of a person. § 90.801 . . .
. . . .” § 90.801 (l)(c), Fla. Stat. (2012). . . .
. . . .” § 90.801(l)(c), Fla. ■ Stat. (2009). . . .
. . . .” § 90.801(1)(c), Fla. Stat. (2012). . . .
. . . See §§ 90.801(1)(c), 90.802, 90.803, 90.804, Fla. Stat. (2012). . . .
. . . deposition could not have been used as a prior inconsistent statement to impeach Williams under section 90.801 . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2011). . . .
. . . Id. at 1038 (citing, inter alia, § 90.801(l)(c), Fla. . . .
. . . victim’s statement based on the application of the prior consistent statement rule, pursuant to section 90.801 . . . Under section 90.801(2)(b), Florida Statutes, prior statements of a witness that are “[c]onsistent with . . . Additionally, “a prior consistent statement is inadmissible under section 90.801(2)(b) if it is made . . .
. . . .” § 90.801( 1 )(c), Fla. Stat. (2013). . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2008). . . . .” §§ 90.801(l)(a)l, 90.801(l)(c), Fla. Stat. (2008). . . .
. . . . § 90.801 (l)(c), Fla. . . .
. . . .” § 90.801, Fla. Stat. (2012). . . .
. . . State, 107 So.3d 527, 533 (Fla. 4th DCA 2013) (citing § 90.801(l)(c), Fla. Stat. (2010)). . . . While a declarant’s out-of-court statement will generally fall within this blanket prohibition, section 90.801 . . . statement and the statement is: (e) One of identification of a person made after perceiving the person. § 90.801 . . . State, 581 So.2d 121, 124 (Fla.1991) (“Section 90.801(2)(c) excludes from the definition of hearsay out-of-court . . .
. . . .” § 90.801(2)(b), Fla. Stat. . . . “[S]ection 90.801(2)(b) contemplates an initial attempt on cross-examination to show ... recent fabrication . . .
. . . See § 90.801(l)(c), Fla. Stat. (2012). Unsubstantiated statements by Mr. . . .
. . . However, section 90.801(2)(b), Florida Statutes (2011) provides: (2) A statement is not hearsay if the . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2009). . . . See § 90.801(l)(c), Fla. Stat. (2000). . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2011). . . . See § 90.801(l)(a)(l). . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2010) (internal quotation marks omitted). . . . “Section 90.801(2)(b), [Florida Statutes (2010) ] provides that a statement is not hearsay if the declarant . . . Stated another way, a prior consistent statement is inadmissible under section 90.801(2)(b) if it is . . .
. . . Section 90.801(2)(c) deals with identification testimony. . . . State, 581 So.2d 121, 124 (Fla.1991), our supreme court determined that section 90.801(2)(c) requires . . . The defense objected that the evidence was inadmissible under section 90.801(2)(c), because the declarant . . . The Florida Supreme Court ruled that section 90.801(2)(c) allowed admission of statements of identification . . .
. . . express or implied charge against the declarant of improper influence, motive, or recent fabrication^]” § 90.801 . . . To be admissible under section 90.801(2)(b), “the [consistent] statement must have been made ‘prior to . . . “A prior consistent statement is not admissible under section 90.801(2)(b) ‘merely because the opposing . . . first text message to her boyfriend during a weekend stay with Appellant-was admissible under section 90.801 . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2008). . . .
. . . .” § 90.801(l)(c), Fla. Stat. (2011). . . .
. . . Third, the statement plainly does not qualify as substantive evidence under section 90.801(2)(a) of the . . . Neither Appellee nor his co-defendant requested a limiting instruction under section 90.801(2)(a), Florida . . .