Florida Statute 90.804 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.804

90.804 Hearsay exceptions; declarant unavailable.—

(1) DEFINITION OF UNAVAILABILITY.—“Unavailability as a witness” means that the declarant:

(a) Is exempted by a ruling of a court on the ground of privilege from testifying concerning the subject matter of the declarant’s statement;

(b) Persists in refusing to testify concerning the subject matter of the declarant’s statement despite an order of the court to do so;

(c) Has suffered a lack of memory of the subject matter of his or her statement so as to destroy the declarant’s effectiveness as a witness during the trial;

(d) Is unable to be present or to testify at the hearing because of death or because of then-existing physical or mental illness or infirmity; or

(e) Is absent from the hearing, and the proponent of a statement has been unable to procure the declarant’s attendance or testimony by process or other reasonable means.

However, a declarant is not unavailable as a witness if such exemption, refusal, claim of lack of memory, inability to be present, or absence is due to the procurement or wrongdoing of the party who is the proponent of his or her statement in preventing the witness from attending or testifying.

(2) HEARSAY EXCEPTIONS.—The following are not excluded under s. 90.802, provided that the declarant is unavailable as a witness:

(a) Former testimony.—Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

(b) Statement under belief of impending death.—In a civil or criminal trial, a statement made by a declarant while reasonably believing that his or her death was imminent, concerning the physical cause or instrumentalities of what the declarant believed to be impending death or the circumstances surrounding impending death.

(c) Statement against interest.—A statement which, at the time of its making, was so far contrary to the declarant’s pecuniary or proprietary interest or tended to subject the declarant to liability or to render invalid a claim by the declarant against another, so that a person in the declarant’s position would not have made the statement unless he or she believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is inadmissible, unless corroborating circumstances show the trustworthiness of the statement.

(d) Statement of personal or family history.—A statement concerning the declarant’s own birth, adoption, marriage, divorce, parentage, ancestry, or other similar fact of personal or family history, including relationship by blood, adoption, or marriage, even though the declarant had no means of acquiring personal knowledge of the matter stated.

(e) Statement by deceased or ill declarant similar to one previously admitted.—In an action or proceeding brought against the personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or against a trustee of a trust created by a deceased person, or against the assignee, committee, or guardian of a mentally incompetent person, when a declarant is unavailable as provided in paragraph (1)(d), a written or oral statement made regarding the same subject matter as another statement made by the declarant that has previously been offered by an adverse party and admitted in evidence.

(f) Statement offered against a party that wrongfully caused the declarant’s unavailability.—A statement offered against a party that wrongfully caused, or acquiesced in wrongfully causing, the declarant’s unavailability as a witness, and did so intending that result.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 3, ch. 90-139; s. 4, ch. 90-174; s. 499, ch. 95-147; s. 2, ch. 2005-46; s. 1, ch. 2012-152.

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Amendments to 90.804

Annotations, Discussions, Cases:

Cases Citing Statute 90.804

Total Results: 255

Jones v. State

709 So. 2d 512, 1998 WL 114500

Supreme Court of Florida | Filed: Mar 17, 1998 | Docket: 1682150

Cited 297 times | Published

admitted as substantive evidence. Pursuant to section 90.804(2), Florida Statutes (1997), in order for a

Sims v. State

754 So. 2d 657, 2000 WL 193226

Supreme Court of Florida | Filed: Feb 16, 2000 | Docket: 1523509

Cited 128 times | Published

bases for admission, however, deserve analysis. Section 90.804(2) provides several exceptions to the hearsay

Jackson v. State

575 So. 2d 181, 1991 WL 6535

Supreme Court of Florida | Filed: Jan 18, 1991 | Docket: 1731140

Cited 117 times | Published

himself. We find no merit in these claims. Section 90.804(1)(e) of the Florida Statutes (1983), provides

James Armando Card v. Richard L. Dugger

911 F.2d 1494, 1990 U.S. App. LEXIS 15509, 1990 WL 126225

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1990 | Docket: 827224

Cited 108 times | Published

was. 10 .Florida Evidence Code § 90.804(2)(c) provides: (2) Hearsay Exceptions

Torres-Arboledo v. State

524 So. 2d 403, 1988 WL 26245

Supreme Court of Florida | Filed: Mar 24, 1988 | Docket: 2514587

Cited 91 times | Published

was admissible as a dying declaration under section 90.804(2). We cannot agree. Before a hearsay statement

State v. Townsend

635 So. 2d 949, 1994 WL 137938

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 368823

Cited 82 times | Published

definitions of unavailability contained in section 90.804, Florida Statutes (1987) (incorporated by reference

Franqui v. State

699 So. 2d 1312, 1997 WL 348838

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 468369

Cited 81 times | Published

interest is an exception to the hearsay rule under section 90.804(2)(c), Florida Statutes (1995), we cannot say

Pope v. State

679 So. 2d 710, 1996 WL 498599

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665825

Cited 76 times | Published

impending death are admissible as hearsay exceptions. § 90.804(2)(b), Fla. Stat. (1993). Although it is not required

Sliney v. State

699 So. 2d 662, 1997 WL 417286

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 57322

Cited 63 times | Published

untrustworthy and thus did not meet the requirements of section 90.804(2)(c), Florida Statutes (1993). Sliney contends

Reynolds v. State

934 So. 2d 1128, 2006 WL 1381880

Supreme Court of Florida | Filed: May 18, 2006 | Docket: 1460819

Cited 59 times | Published

by statute. See § 90.802, Fla. Stat. (2003). Section 90.804 of the Florida Statutes (2003) provides an

Johnson v. State

969 So. 2d 938, 2007 WL 1933048

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693

Cited 55 times | Published

the circumstances surrounding impending death." § 90.804(2)(b), Florida Statutes (2006). The State does

Voorhees v. State

699 So. 2d 602, 1997 WL 332176

Supreme Court of Florida | Filed: Jun 19, 1997 | Docket: 468153

Cited 55 times | Published

first-degree murder and was admissible under section 90.804(2)(c), Florida Statutes (1991), which states:

Rodriguez v. State

609 So. 2d 493, 1992 WL 275891

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 1738340

Cited 55 times | Published

could be admitted into evidence pursuant to section 90.804(2)(a), Florida Statutes (1989). That section

Johns-Manville Sales Corp. v. Janssens

463 So. 2d 242

District Court of Appeal of Florida | Filed: Sep 26, 1984 | Docket: 448935

Cited 54 times | Published

now codified in the Florida Evidence Code, section 90.804(2)(a), Florida Statutes (1983). That section

Wyatt v. State

71 So. 3d 86, 2011 WL 2652195

Supreme Court of Florida | Filed: Jul 8, 2011 | Docket: 1164518

Cited 51 times | Published

was never declared to be "unavailable" under section 90.804(1), Florida Statutes (2009). We agree with

Carpenter v. State

785 So. 2d 1182, 2001 WL 197003

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 450172

Cited 50 times | Published

statements. The issue before us primarily involves section 90.804(2)(c), Florida Statutes (2000),[14] which provides

Jones v. State

678 So. 2d 309, 1996 WL 166498

Supreme Court of Florida | Filed: Apr 11, 1996 | Docket: 1470546

Cited 49 times | Published

284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973). Section 90.804(2), Florida Statutes (1995), provides in pertinent

Perez v. State

536 So. 2d 206, 1988 WL 128166

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 1759665

Cited 47 times | Published

mental harm, in addition to findings pursuant to § 90.804(1). (b) In a criminal action, the defendant shall

Hayward v. State

24 So. 3d 17, 2009 WL 2612524

Supreme Court of Florida | Filed: Dec 10, 2009 | Docket: 1648320

Cited 45 times | Published

exception to the hearsay rule. Pursuant to section 90.804(2)(b), Florida Statutes (2007), and this Court's

Robinson v. State

707 So. 2d 688, 1998 WL 54134

Supreme Court of Florida | Filed: Feb 12, 1998 | Docket: 1260192

Cited 45 times | Published

the hearsay rule. Id. On appeal, we examined section 90.804(2)(c), Florida Statutes (1991),[6] the *692

Escobar v. State

699 So. 2d 988, 1997 WL 377595

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1321175

Cited 45 times | Published

hearsay exception of statement against interest, section 90.804(2)(c), Florida Statutes (1989), the following

Parker v. State

873 So. 2d 270, 2004 WL 112875

Supreme Court of Florida | Filed: Jan 22, 2004 | Docket: 1732876

Cited 44 times | Published

therein related to family history as specified in section 90.804(2)(d), Florida Statutes (2003).[9] In deciding

Davis v. State

859 So. 2d 465, 2003 WL 22097428

Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 401040

Cited 42 times | Published

statements should have been admitted pursuant to section 90.804(2)(c), Florida Statutes (2002),[7] which is

Brooks v. State

787 So. 2d 765, 2001 WL 326683

Supreme Court of Florida | Filed: Apr 5, 2001 | Docket: 1495756

Cited 41 times | Published

immediately prepared for the arrest of Brooks. Section 90.804(2)(c) provides: (2) HEARSAY EXCEPTIONS.The

Brown v. State

473 So. 2d 1260, 67 A.L.R. 4th 917

Supreme Court of Florida | Filed: Jun 27, 1985 | Docket: 2469601

Cited 41 times | Published

Brown and Ricky was either admissible under section 90.804(2)(d), Florida Statutes (1981), as a statement

Stevens v. State

552 So. 2d 1082, 1989 WL 118010

Supreme Court of Florida | Filed: Oct 5, 1989 | Docket: 1200553

Cited 38 times | Published

Hamilton's statement would have been sustained under section 90.804(2)(c), Florida Statutes (1979), prohibiting

Stoll v. State

762 So. 2d 870, 2000 WL 350558

Supreme Court of Florida | Filed: Apr 6, 2000 | Docket: 472165

Cited 37 times | Published

allow this handwritten statement pursuant to section 90.804(2)(a), Florida Statutes. I believe the trial

Hitchcock v. State

991 So. 2d 337, 2008 WL 2130222

Supreme Court of Florida | Filed: May 22, 2008 | Docket: 1400229

Cited 36 times | Published

trustworthiness of the statements as required by section 90.804(2)(c), Florida Statutes, and did not satisfy

Penalver v. State

926 So. 2d 1118, 2006 WL 240418

Supreme Court of Florida | Filed: Feb 2, 2006 | Docket: 467119

Cited 36 times | Published

an unavailable witness at trial pursuant to section 90.804(1)(c), Florida Statutes (1999). We agree with

Randolph v. State

853 So. 2d 1051, 2003 WL 1922772

Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 1189195

Cited 36 times | Published

as a witness may be admitted into evidence. See § 90.804(2), Fla. Stat. (1997) (providing that when a declarant

Reaves v. State

826 So. 2d 932, 2002 WL 1338424

Supreme Court of Florida | Filed: Jun 20, 2002 | Docket: 1167696

Cited 36 times | Published

ruled unavailable to testify, [pursuant to] section 90.804(1)(b), Florida Statutes (1991), and his testimony

Reaves v. State

639 So. 2d 1, 1994 WL 113407

Supreme Court of Florida | Filed: Apr 7, 1994 | Docket: 1310511

Cited 36 times | Published

Witness Hinton was ruled unavailable to testify, section 90.804(1)(b), Florida Statutes (1991), and his testimony

State v. Contreras

979 So. 2d 896, 2008 WL 657867

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 1714383

Cited 34 times | Published

other courts offer some guidance on this issue. Section 90.804(1)(d), Florida Statutes (2007), defines unavailability

Rigterink v. State

66 So. 3d 866, 36 Fla. L. Weekly Supp. 273, 2011 Fla. LEXIS 1343, 2011 WL 2374188

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2362063

Cited 33 times | Published

the applicable admissibility predicate under section 90.804(2)(c), Florida Statutes (2005).2 Later during

Marek v. State

14 So. 3d 985, 34 Fla. L. Weekly Supp. 461, 2009 Fla. LEXIS 1125, 2009 WL 2045416

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1649938

Cited 33 times | Published

interest pursuant to section 90.804(2)(c), Florida Statutes (2008). Section 90.804(2)(c) provides that

State v. Green

667 So. 2d 756, 1995 WL 752298

Supreme Court of Florida | Filed: Dec 21, 1995 | Docket: 341564

Cited 33 times | Published

courts construing the term "deposition" in section 90.804(2)(a)[2] have reached similar conclusions.

Farina v. State

679 So. 2d 1151, 1996 WL 182805

Supreme Court of Florida | Filed: Apr 18, 1996 | Docket: 1665956

Cited 32 times | Published

to the hearsay rule. See § 90.804(2)(c), Fla.Stat. (1991).[3] Section 90.804(2)(c) provides that a statement

Johnson v. Singletary

647 So. 2d 106, 1994 WL 195459

Supreme Court of Florida | Filed: May 19, 1994 | Docket: 437750

Cited 32 times | Published

conversations with Pruitt in the event of a new trial. Section 90.804(2)(c), Florida Statutes (1993), provides that

Franqui v. State

699 So. 2d 1332, 1997 WL 369557

Supreme Court of Florida | Filed: Jul 3, 1997 | Docket: 1693938

Cited 30 times | Published

interest" exception.[7]See *1338 § 90.804(2)(c), Fla. Stat. (1995). Section 90.804(2)(c) states: Statement Against

Conner v. State

748 So. 2d 950, 1999 WL 731664

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504621

Cited 29 times | Published

physical harm, in addition to findings pursuant to § 90.804(1). (b) In a criminal action, the defendant shall

Pittman v. State

646 So. 2d 167, 1994 WL 525905

Supreme Court of Florida | Filed: Sep 29, 1994 | Docket: 2518073

Cited 29 times | Published

himself." [6] Although Pittman argued that section 90.804(2)(c), Florida Statutes (1989) ("A statement

Marquard v. State

850 So. 2d 417, 2002 WL 31600017

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 2518193

Cited 28 times | Published

Marquard's postconviction evidentiary hearing. Section 90.804(2)(a) is likewise inapplicable as it requires

Price v. State

538 So. 2d 486, 1989 WL 6157

District Court of Appeal of Florida | Filed: Jan 31, 1989 | Docket: 472426

Cited 28 times | Published

declaration exception to the hearsay rule. *490 § 90.804(2)(b), Fla. Stat. (1987).[1]See Torres-Arboledo

Card v. State

453 So. 2d 17

Supreme Court of Florida | Filed: Jun 7, 1984 | Docket: 1162922

Cited 27 times | Published

penal interest to be introduced in evidence. See § 90.804(2)(c), Fla. Stat. (1981). Hearsay is a statement

Smith v. State

606 So. 2d 641, 1992 WL 217181

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 677678

Cited 25 times | Published

under the former-testimony hearsay statute, Section 90.804(2)(a), Florida Statutes (1989). The court sustained

Saavedra v. State

576 So. 2d 953, 1990 WL 175055

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 1669811

Cited 25 times | Published

as statements against interest, pursuant to section 90.804(2)(c), because Baldwin was available for trial

Preston v. State

970 So. 2d 789, 2007 WL 1556649

Supreme Court of Florida | Filed: May 31, 2007 | Docket: 1695221

Cited 24 times | Published

Scott Preston and perhaps introduced under section 90.804(2)(c), Florida Statutes (1987). *801 It would

Dhrs v. Mb

701 So. 2d 1155

Supreme Court of Florida | Filed: May 29, 1997 | Docket: 1470459

Cited 24 times | Published

mental harm, in addition to findings pursuant to section 90.804(1). (b) In a criminal action, the defendant

LeCroy v. State

533 So. 2d 750, 1988 WL 110770

Supreme Court of Florida | Filed: Oct 20, 1988 | Docket: 1232620

Cited 24 times | Published

statement against interest within the meaning of section 90.804(2)(c), Florida Statutes (1979). Concerning

Muehleman v. State

3 So. 3d 1149, 34 Fla. L. Weekly Supp. 208, 2009 Fla. LEXIS 245, 2009 WL 395782

Supreme Court of Florida | Filed: Feb 19, 2009 | Docket: 1652723

Cited 21 times | Published

be unavailable. Id. at 68, 124 S.Ct. 1354. Section 90.804(2)(a), Florida Statutes (2003), similarly provided

Henyard v. State

992 So. 2d 120, 2008 WL 4148992

Supreme Court of Florida | Filed: Sep 10, 2008 | Docket: 401215

Cited 21 times | Published

Brinson has since been superseded by statute. Section 90.804(2)(c), Florida Statutes (1997), modified the

Lightbourne v. State

644 So. 2d 54, 1994 WL 261447

Supreme Court of Florida | Filed: Jun 16, 1994 | Docket: 1249058

Cited 19 times | Published

court and declared unavailable as a witness. Section 90.804 of the Florida Evidence Code[2] provides that

Hill v. State

549 So. 2d 179, 1989 WL 106349

Supreme Court of Florida | Filed: Sep 14, 1989 | Docket: 1719890

Cited 19 times | Published

admissible as an exception to the hearsay rule under section 90.804(2)(c), Florida Statutes (1985), because it

Maugeri v. State

460 So. 2d 975, 10 Fla. L. Weekly 1

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 1765995

Cited 18 times | Published

interest under the hearsay exception embodied in section 90.804(2)(c), Florida Statutes (1981),[1] the reception

Perez v. State

980 So. 2d 1126, 2008 WL 723786

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1735771

Cited 17 times | Published

render them untrustworthy in contravention of section 90.804(2)(c), Florida Statutes (2007). The State contends

Masaka v. State

4 So. 3d 1274, 2009 Fla. App. LEXIS 2935, 2009 WL 839036

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1218113

Cited 16 times | Published

a declarant's penal interest. Specifically, section 90.804(2)(c), Florida Statutes (2005), provides, (c)

Reeser v. Boats Unlimited, Inc.

432 So. 2d 1346

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 1677429

Cited 16 times | Published

evidence harmless error. Even though on retrial, Section 90.804(2)(a) may permit the admission of this deposition

Perry v. State

675 So. 2d 976, 1996 WL 279211

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1322518

Cited 15 times | Published

against penal interest, should be admitted. Section 90.804(2)(c), Florida Statutes. In order for a hearsay

Nationwide Mut. Fire Ins. Co. v. Keen

658 So. 2d 1101, 1995 WL 421142

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 439126

Cited 15 times | Published

against interest exception to the hearsay rule. § 90.804(2)(c), Fla. Stat. (1993). The record evidence

Henry v. State

649 So. 2d 1366, 1994 WL 698378

Supreme Court of Florida | Filed: Dec 15, 1994 | Docket: 59104

Cited 15 times | Published

former testimony exception to the hearsay rule. § 90.804(2)(a), Fla. Stat. (1991). Under this exception

Glendening v. State

503 So. 2d 335

District Court of Appeal of Florida | Filed: Mar 6, 1987 | Docket: 1452788

Cited 15 times | Published

meet the definition of unavailability under section 90.804(1) or the court would have to conclude that

In Re Amendments to Fla. Evidence Code

782 So. 2d 339, 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 456391

Cited 14 times | Published

availability to testify, with the much broader section 90.804 "former testimony" exception,[2] which only

Lawrence v. State

691 So. 2d 1068, 1997 WL 109221

Supreme Court of Florida | Filed: Mar 13, 1997 | Docket: 1424060

Cited 14 times | Published

that Sonya Gardner was unavailable pursuant to section 90.804, Florida Statutes (1993), the trial judge erred

Dinter v. Brewer

420 So. 2d 932

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1306523

Cited 14 times | Published

of the plaintiff to procure his attendance, see § 90.804(1)(e), Fla. Stat. (1981), any argument that Heinz's

Garcia v. State

816 So. 2d 554, 2002 WL 571672

Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 1557482

Cited 12 times | Published

former sworn testimony was admissible under section 90.804(2)(a), Florida Statutes (1997), which provides

WR Grace & Co.-Conn. v. Dougherty

636 So. 2d 746, 1994 WL 16813

District Court of Appeal of Florida | Filed: Jan 19, 1994 | Docket: 1361994

Cited 12 times | Published

violates Florida Rule of Civil Procedure 1.330 and section 90.804(2)(a), Florida Statutes (1991) because they

Lambert v. Doe

453 So. 2d 844

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 1162806

Cited 11 times | Published

against interest of an unavailable witness under Section 90.804(2)(c), Florida Statutes. The statements made

Corona v. State

64 So. 3d 1232, 36 Fla. L. Weekly Supp. 247, 2011 Fla. LEXIS 1283, 2011 WL 2224777

Supreme Court of Florida | Filed: Jun 9, 2011 | Docket: 1443275

Cited 10 times | Published

reasonable means." Corona, 929 So.2d at 594 (quoting § 90.804(1)(e), Fla. Stat. (2001)). However, a declarant

Happ v. Moore

784 So. 2d 1091, 2001 WL 459178

Supreme Court of Florida | Filed: May 3, 2001 | Docket: 1744175

Cited 10 times | Published

to argue that the trial court's reliance on section 90.804(1)(b), Florida Statutes (1989), was error because

Mattear v. State

657 So. 2d 46, 1995 WL 380312

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 1514489

Cited 10 times | Published

grounds that McBride was unavailable under section 90.804, Florida Statutes (1993). REVERSED AND REMANDED

Tanner v. Robinson

411 So. 2d 240, 33 U.C.C. Rep. Serv. (West) 350

District Court of Appeal of Florida | Filed: Mar 2, 1982 | Docket: 1696919

Cited 10 times | Published

admissible as a statement against her interest. § 90.804(2)(c), Fla. Stat. (1979). However, its use as

Terrell v. State

407 So. 2d 1039

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 467572

Cited 10 times | Published

are distinguishable due the recent passage of § 90.804(2)(a) as part of the Florida Evidence Code. That

Curtis v. State

876 So. 2d 13, 2004 WL 1091144

District Court of Appeal of Florida | Filed: May 18, 2004 | Docket: 1245463

Cited 9 times | Published

penal interest exception to the hearsay rule. Section 90.804(2)(c), Florida Statutes (2001) excludes from

Preston v. State

531 So. 2d 154, 1988 WL 97909

Supreme Court of Florida | Filed: Sep 22, 1988 | Docket: 365211

Cited 9 times | Published

Scott Preston and perhaps introduced under section 90.804(2)(c), Florida Statutes (1987). It would have

Geralds v. State

111 So. 3d 778, 35 Fla. L. Weekly Fed. S 503

Supreme Court of Florida | Filed: Sep 16, 2010 | Docket: 60230888

Cited 8 times | Published

25 By qualifying as former testimony under section 90.804(2)(a), Danford’s and Ward’s testimony is not

Escobar v. State

699 So. 2d 984, 1997 WL 377587

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1321572

Cited 8 times | Published

hearsay exception of statement against interest, section 90.804(2)(c), Florida Statutes (1989), the following

Sager v. State

699 So. 2d 619, 1997 WL 348108

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 1321174

Cited 8 times | Published

inadmissible in the guilt phase of the trial under section 90.804(2)(c), Florida Statutes (1991), on the basis

Burnside v. State

656 So. 2d 241, 1995 WL 340212

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1683694

Cited 8 times | Published

unavailable to testify at Burnside's trial. See § 90.804(1), Fla. Stat. (1991). There was no other argument

Pittman v. Secretary, Florida Department of Corrections

871 F.3d 1231, 2017 U.S. App. LEXIS 18367

Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 2017 | Docket: 6156965

Cited 7 times | Published

trustworthiness of the statement.” Fla. Stat. § 90.804(2)(c) (1989). The Florida rule thus largely tracks

Dailey v. State

965 So. 2d 38, 2007 WL 1556674

Supreme Court of Florida | Filed: May 31, 2007 | Docket: 1509199

Cited 7 times | Published

trustworthiness of the statement. Id. at 57 (quoting § 90.804(2)(c), Fla. Stat. (1991)). As the trial court

Williamson v. State

961 So. 2d 229, 2007 WL 1362872

Supreme Court of Florida | Filed: May 10, 2007 | Docket: 1515799

Cited 7 times | Published

prior statement by an unavailable witness under section 90.804, Florida Statutes (2006). In Randolph v. State

Reaves v. State

942 So. 2d 874, 2006 WL 2620912

Supreme Court of Florida | Filed: Sep 14, 2006 | Docket: 1737242

Cited 7 times | Published

ruled unavailable to testify, [pursuant to] section 90.804(1)(b), Florida Statutes (1991), and his testimony

State v. Abreu

837 So. 2d 400, 2003 WL 60944

Supreme Court of Florida | Filed: Jan 9, 2003 | Docket: 2487425

Cited 7 times | Published

effectively removed the unavailability requirement of section 90.804(2)(a), Florida Statutes (1999), as a prerequisite

MacHado v. State

787 So. 2d 112, 2001 WL 388034

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 721614

Cited 7 times | Published

136-37, 119 S.Ct. 1887, 144 L.Ed.2d 117 (1999); § 90.804(2)(c), Fla. Stat. (1993). When determining whether

Stripling v. State

664 So. 2d 2, 1995 WL 59589

District Court of Appeal of Florida | Filed: Dec 15, 1995 | Docket: 2511111

Cited 7 times | Published

were not statements against penal interest. See § 90.804(2)(c), Fla. Stat. (1993); Williamson v. United

In Re Petition of Florida Bar

589 So. 2d 818, 1991 WL 239342

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1730649

Cited 7 times | Published

that such child is unavailable as defined in section 90.804(1), Florida Statutes, the trial court may order

Martin Marietta Corp. v. Roop

566 So. 2d 40, 1990 WL 123106

District Court of Appeal of Florida | Filed: Aug 22, 1990 | Docket: 547743

Cited 7 times | Published

under the former testimony hearsay exception of section 90.804(2)(a), Fla. Stat. As in the instant case, the

Nelson v. State

490 So. 2d 32, 11 Fla. L. Weekly 203

Supreme Court of Florida | Filed: May 1, 1986 | Docket: 1489237

Cited 7 times | Published

against interest, an exception to hearsay under section 90.804(2)(c), Florida Statutes (1983).[2] The state

Barnett v. State

444 So. 2d 967

District Court of Appeal of Florida | Filed: Dec 2, 1983 | Docket: 451970

Cited 7 times | Published

testimony exception" to the hearsay rule in Section 90.804(2)(a), Florida Statutes (1981). The state attempts

McClain v. State

411 So. 2d 316

District Court of Appeal of Florida | Filed: Mar 23, 1982 | Docket: 1327250

Cited 7 times | Published

"unavailable as a witness" under either Section 90.804(1)(d) or Section 90.804(1)(e), Florida Statutes (1979)

Kathy Johnson v. Omega Insurance Company

200 So. 3d 1207, 41 Fla. L. Weekly Supp. 415, 2016 Fla. LEXIS 2148, 2016 WL 5477795

Supreme Court of Florida | Filed: Sep 29, 2016 | Docket: 4448478

Cited 6 times | Published

litigation context, the trial court’s application of section 90.804 to section 627.7073(l)(c) and the treatment

Allen v. State

137 So. 3d 946, 38 Fla. L. Weekly Supp. 592, 2013 WL 3466777, 2013 Fla. LEXIS 1421

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60240447

Cited 6 times | Published

exception of a statement against penal interest. Section 90.804(2)(c), states: Statement against interest.

Brown v. State

69 So. 3d 316, 2011 Fla. App. LEXIS 12899, 2011 WL 3586140

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2322902

Cited 6 times | Published

Miller's statements were not admissible under section 90.804(2)(c), Florida Statutes (2009) as statements

Colina v. State

634 So. 2d 1077, 1994 WL 113409

Supreme Court of Florida | Filed: Apr 7, 1994 | Docket: 1473013

Cited 6 times | Published

trial to the jury. Pertinent to this claim is section 90.804(1)(b), Florida Statutes (1989), which defines

State v. Weir

569 So. 2d 897, 1990 WL 175910

District Court of Appeal of Florida | Filed: Nov 14, 1990 | Docket: 1660676

Cited 6 times | Published

hearsay. More specifically, the trial court found section 90.804(2)(b), Florida Statutes (1989) to be unconstitutional

Campos v. State

489 So. 2d 1238, 11 Fla. L. Weekly 1358

District Court of Appeal of Florida | Filed: Jun 17, 1986 | Docket: 2588866

Cited 6 times | Published

have qualified as a hearsay exception under section 90.804(2)(a), Florida Statutes (1983), it was still

Walker v. State

483 So. 2d 791, 11 Fla. L. Weekly 390

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 1511935

Cited 6 times | Published

[which] show the trustworthiness of the statement." § 90.804(2)(c), Fla. Stat. (1983). As his final point for

Jackson v. State

453 So. 2d 456

District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 1162759

Cited 6 times | Published

that Bac's deposition was admissible under Section 90.804(2)(a), Florida Statutes (1982): (2) Hearsay

Peninsular Fire Ins. Co. v. Wells

438 So. 2d 46, 1983 Fla. App. LEXIS 20164

District Court of Appeal of Florida | Filed: Aug 23, 1983 | Docket: 380060

Cited 6 times | Published

procure his attendance within the meaning of Section 90.804(1)(e), Florida Statutes (1981). Peninsular

To v. Department of Children and Families

21 So. 3d 173, 2009 Fla. App. LEXIS 17242, 2009 WL 3837159

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 1656085

Cited 5 times | Published

presented. Id. at 1183. The court referenced section 90.804(1)(c), Florida Statutes, which states that

In Re Amendments to the Fl. Evidence Code

960 So. 2d 762, 32 Fla. L. Weekly Supp. 500, 2007 Fla. LEXIS 1231, 2007 WL 2002629

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1406563

Cited 5 times | Published

Fla. In its stead, the Legislature created section 90.804(2)(e), Florida Statutes (2005), which added

State v. Hosty

944 So. 2d 255, 2006 WL 3228789

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649497

Cited 5 times | Published

that can make a declarant unavailable under section 90.804(24) is not synonymous with unavailability under

Reichenberg v. Davis

846 So. 2d 1233, 2003 WL 21297232

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1301655

Cited 5 times | Published

admissible under section 90.804(2)(c), Florida Statutes, for the same reason. § 90.804(1), Fla. Stat. (2002)

Abreu v. State

804 So. 2d 442, 2001 WL 1266280

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1334709

Cited 5 times | Published

amended version of section 90.803(22) stripped section 90.804(2)(a), Florida Statutes, of its requirement

Abreu v. State

804 So. 2d 442, 2001 WL 1266280

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1334709

Cited 5 times | Published

amended version of section 90.803(22) stripped section 90.804(2)(a), Florida Statutes, of its requirement

Sanders v. Moore

156 F. Supp. 2d 1301, 2001 U.S. Dist. LEXIS 17011, 2001 WL 939068

District Court, M.D. Florida | Filed: Aug 14, 2001 | Docket: 2187144

Cited 5 times | Published

the hearsay rule recognized by Florida Statute § 90.804(2)(c) (1990): 90.804 Hearsay exceptions; declarant

Smith v. State

746 So. 2d 1162, 1999 WL 1075139

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 1360568

Cited 5 times | Published

admitted in evidence against the defendant. Section 90.804(2)(c), Florida Statutes, creates an exception

Czubak v. State

644 So. 2d 93, 1994 WL 470329

District Court of Appeal of Florida | Filed: Sep 2, 1994 | Docket: 1672239

Cited 5 times | Published

declared Ragsdale "unavailable" as a witness under section 90.804, Florida *95 Statutes (1987), and Czubak was

Zmijewski v. B'NAI TORAH CONGREG'N

639 So. 2d 1022, 1994 WL 316653

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 1712733

Cited 5 times | Published

definitions for unavailability set forth in section 90.804(1). Finally the Townsend court considered whether

Comfort v. State

597 So. 2d 944, 1992 WL 86338

District Court of Appeal of Florida | Filed: Apr 29, 1992 | Docket: 1350989

Cited 5 times | Published

statements, are not shown to be admissible under section 90.804(2)(c), Florida Statutes (1991). See also Woodard

Burks v. State

589 So. 2d 355, 1991 WL 227652

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 1440798

Cited 5 times | Published

was no confession. It should be noted that section 90.804(2)(c), Florida Statutes (1989) specifically

State v. Pardo

582 So. 2d 1225, 1991 WL 120781

District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 1716043

Cited 5 times | Published

contrast, the hearsay exception set forth in section 90.804, Florida Statutes, may only be invoked where

Clark v. State

572 So. 2d 929, 15 Fla. L. Weekly Fed. D 2794

District Court of Appeal of Florida | Filed: Nov 15, 1990 | Docket: 132361

Cited 5 times | Published

But she did not see what he took. Pursuant to section 90.804(2)(a), Florida Statutes (1987), the state then

Desmond T. Kenner v. State

208 So. 3d 271, 2016 Fla. App. LEXIS 18444

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556763

Cited 4 times | Published

belief of impending death as a hearsay exception. § 90.804(2)(b), Fla. Stat. (2016). Once such a statement

Partin v. State

82 So. 3d 31, 36 Fla. L. Weekly Supp. 705, 2011 Fla. LEXIS 2796, 2011 WL 5984445

Supreme Court of Florida | Filed: Dec 1, 2011 | Docket: 60306206

Cited 4 times | Published

of the former testimony hearsay exception. See § 90.804(2), Fla. Stat. (2002). For the reasons that follow

Thompson v. State

995 So. 2d 532, 2008 WL 2940450

District Court of Appeal of Florida | Filed: Aug 1, 2008 | Docket: 1684885

Cited 4 times | Published

testimony was admissible as former testimony under section 90.804(2)(a), Florida Statutes (2006). See State v

Corona v. State

929 So. 2d 588, 2006 WL 1144187

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1392472

Cited 4 times | Published

testimony by process or other reasonable means. § 90.804(1)(e), Fla. Stat. (2001). The trial court's determination

State v. Gates

826 So. 2d 1064, 2002 WL 31126986

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 1662966

Cited 4 times | Published

exception for statements against interest. See § 90.804(2)(c), Fla. Stat. (1999). At Gates's trial, the

RU v. Department of Children & Families

777 So. 2d 1153, 2001 Fla. App. LEXIS 1356, 2001 WL 121091

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 462079

Cited 4 times | Published

the indicia of unavailability provided for in section 90.804(1), a court may find a child to be unavailable

Alexander v. State

643 So. 2d 1151, 1994 WL 535090

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 1493156

Cited 4 times | Published

interest under the hearsay exception codified in Section 90.804(2)(c), Florida Statutes (1993). We disagree

Denny v. State

617 So. 2d 323, 1993 WL 64805

District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 457725

Cited 4 times | Published

exception, i.e., a statement against interest.[1] Section 90.804(2)(c) of the Florida Statutes provides in pertinent

Spicer v. Metropolitan Dade County

458 So. 2d 792

District Court of Appeal of Florida | Filed: Oct 16, 1984 | Docket: 1453467

Cited 4 times | Published

the hearsay exception for former testimony in Section 90.804(2)(a), Florida Statutes (1983), and (2) the

Walker v. State

426 So. 2d 1180

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 1283244

Cited 4 times | Published

the appellant, is a hearsay exception under section 90.804(2)(c), Florida Statutes (1982), on the basis

Brinson v. State

382 So. 2d 322

District Court of Appeal of Florida | Filed: Dec 12, 1979 | Docket: 1255030

Cited 4 times | Published

JJ., concur. NOTES [1] We are aware that Section 90.804(2)(c), Florida Statutes (1977), currently modifies

Bolin v. State

117 So. 3d 728, 38 Fla. L. Weekly Supp. 453, 2013 Fla. LEXIS 271, 2013 WL 627146

Supreme Court of Florida | Filed: Feb 21, 2013 | Docket: 60232771

Cited 3 times | Published

Crawford, 541 U.S. at 68, 124 S.Ct. 1354; see § 90.804(2)(a), Fla. Stat. (2005). “In considering a trial

Mortimer v. State

100 So. 3d 99, 2012 WL 3711413, 2012 Fla. App. LEXIS 14492

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60226109

Cited 3 times | Published

doctrine of forfeiture by wrongdoing by enacting section 90.804(2)(f) which provides: (2) The following are

State v. Crofoot

97 So. 3d 866, 2012 WL 3537224, 2012 Fla. App. LEXIS 13623

District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60311989

Cited 3 times | Published

finding of the declarant’s unavailability, section 90.804(l)(e), Florida Statutes (2011); and second

Bearden v. State

62 So. 3d 656, 2011 Fla. App. LEXIS 5184, 2011 WL 1376974

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 2361614

Cited 3 times | Published

because Butler was available to testify. Id.; see § 90.804(2)(c), Fla. Stat. (2001). The trial court granted

Chavez v. State

25 So. 3d 49, 2009 Fla. App. LEXIS 19049, 2009 WL 4591048

District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1195250

Cited 3 times | Published

provision in Florida's Evidence Code states in section 90.804(1), Florida Statutes, that a declarant is not

Mitchell v. State

965 So. 2d 246, 2007 WL 2609441

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 447082

Cited 3 times | Published

the limited exception for dying declarations. Section 90.804(2)(b) establishes a "dying declaration" exception

Manka v. State

720 So. 2d 1109, 1998 WL 732949

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1719164

Cited 3 times | Published

hearsay exception for statements against interest. § 90.804(2)(c), Fla. Stat. (1997) The co-defendant was

Costa v. School Bd. of Broward County

701 So. 2d 414, 1997 WL 699021

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 1443172

Cited 3 times | Published

are admissible under a different provision, section 90.804(2)(c).

Hopkins v. State

608 So. 2d 33, 1992 WL 170976

District Court of Appeal of Florida | Filed: Aug 24, 1992 | Docket: 1449059

Cited 3 times | Published

victim or witness is unavailable as defined in section 90.804(1)." § 92.54(1), Fla. Stat. Section 92.54(5)

State v. Kleinfeld

587 So. 2d 592, 1991 WL 200142

District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 1406198

Cited 3 times | Published

witnesses' statements here qualified, under section 90.804, Florida Statutes (1989), as an exception to

Sprouse v. State

208 So. 3d 785, 2016 Fla. App. LEXIS 18580

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 60258634

Cited 2 times | Published

Legislature has defined “unavailability as a witness,” § 90.804(1), Fla. Stat. (2015); see also § 90.803(24)(a)2

Oscar Ray Bolin, Jr. v. State of Florida

184 So. 3d 492, 40 Fla. L. Weekly Supp. 728, 2015 Fla. LEXIS 2826, 2015 WL 9172921

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022130

Cited 2 times | Published

trustworthiness,’ that seem to be required under § 90.804(2)(c).” The court therefore found that the “statements

Joseph Eli Bearden v. State of Florida

161 So. 3d 1257, 40 Fla. L. Weekly Supp. 208, 2015 Fla. LEXIS 800, 2015 WL 1724590

Supreme Court of Florida | Filed: Apr 16, 2015 | Docket: 2649968

Cited 2 times | Published

crime. Id. at 1143. The defendant relied on section 90.804(2)(c), Florida Statutes (2010), the declaration

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc.

180 So. 3d 89

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611590

Cited 2 times | Published

be admissible as a statement against interest, § 90.804(2)(c), Fla. Stat. (2005), and that if Green were

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc.

180 So. 3d 89

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611590

Cited 2 times | Published

be admissible as a statement against interest, § 90.804(2)(c), Fla. Stat. (2005), and that if Green were

Rolon v. State

72 So. 3d 238, 2011 Fla. App. LEXIS 16049, 2011 WL 4809119

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303231

Cited 2 times | Published

case-in-chief in the second trial. Rolon conceded that section 90.804(2)(a), Florida Statutes (2008), would generally

Rolon v. State

72 So. 3d 238, 2011 Fla. App. LEXIS 16049, 2011 WL 4809119

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303231

Cited 2 times | Published

case-in-chief in the second trial. Rolon conceded that section 90.804(2)(a), Florida Statutes (2008), would generally

Dewolfe v. State

62 So. 3d 1142, 2011 Fla. App. LEXIS 7430, 2011 WL 1938187

District Court of Appeal of Florida | Filed: May 23, 2011 | Docket: 82223

Cited 2 times | Published

hearsay, appellant relies, here as below, on section 90.804(2)(c), the declaration-against-penal-interest

Roussonicolos v. State

59 So. 3d 238, 2011 Fla. App. LEXIS 4340, 2011 WL 1135347

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299644

Cited 2 times | Published

Hudson v. State, 992 So.2d 96, 107 (Fla.2008). Section 90.804(2)(a), Florida Statutes (2007) provides that

Roussonicolos v. State

59 So. 3d 238, 2011 Fla. App. LEXIS 4340, 2011 WL 1135347

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299644

Cited 2 times | Published

Hudson v. State, 992 So.2d 96, 107 (Fla.2008). Section 90.804(2)(a), Florida Statutes (2007) provides that

Jones v. State

36 So. 3d 903, 2010 Fla. App. LEXIS 8201, 2010 WL 2292047

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1639064

Cited 2 times | Published

as exceptions to the rule against hearsay. See § 90.804(2)(b) (2009). A dying declaration is "a statement

State v. Villarreal

990 So. 2d 1166, 2008 WL 4146669

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1687951

Cited 2 times | Published

or that Andrea is unavailable, as defined by section 90.804(1), Florida Statutes (2007). On October 5,

Antunes-Salgado v. State

987 So. 2d 222, 2008 WL 2901861

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 1394776

Cited 2 times | Published

admissible under section 90.804(2)(c) as statements against interest. Section 90.804(2)(c) permits the

Davis v. State

990 So. 2d 459, 2008 WL 2277520

Supreme Court of Florida | Filed: Jun 5, 2008 | Docket: 1687568

Cited 2 times | Published

Valessa Robinson's statement at trial under section 90.804, Florida Statutes (1999). Davis argues that

Leighty v. State

981 So. 2d 484, 2008 WL 582512

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1515692

Cited 2 times | Published

hearsay exception as former testimony under section 90.804(2)(a), Florida Statutes. Leighty called the

Mordenti v. State

982 So. 2d 710, 2008 WL 465588

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1664239

Cited 2 times | Published

against interest exception to the hearsay rule. See § 90.804(2)(c). The other two statements would be admissible

Evans v. Seagraves

922 So. 2d 318, 2006 WL 397858

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1683283

Cited 2 times | Published

336 So.2d 364 (Fla.1976), the Evidence Code, section 90.804(2)(c), Florida Statutes (2005), as subsequently

Prevatt v. State

866 So. 2d 729, 2004 WL 119335

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1680050

Cited 2 times | Published

argues that the statements were admissible under section 90.804(2)(c), Florida Statutes (2002), which provides:

Grabau v. DEPT. OF HEALTH, BD. OF PSYCHO.

816 So. 2d 701, 2002 WL 649062

District Court of Appeal of Florida | Filed: Apr 22, 2002 | Docket: 1753568

Cited 2 times | Published

"unavailability," contrary to the requirements of section 90.804, Florida Statutes; and Florida Rule of Civil

Peterson v. State

810 So. 2d 1095, 2002 WL 440246

District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 1223877

Cited 2 times | Published

reference to section 90.804. State v. Townsend, 635 So.2d 949 (Fla.1994). Section 90.804(1) allows admission

Allison v. State

746 So. 2d 518, 1999 WL 1111784

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 1360338

Cited 2 times | Published

show the trustworthiness of his statement. See § 90.804(2)(c), Fla. Stat. (1991). Allison did not represent

The Florida Bar v. Gross

610 So. 2d 442, 18 Fla. L. Weekly Supp. 14, 1992 Fla. LEXIS 2122, 1992 WL 381748

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 1734913

Cited 2 times | Published

as a statement against penal interest under section 90.804(2)(c), Florida Statutes (1989). However, because

Motel 6, Inc. v. Dowling

595 So. 2d 260, 1992 Fla. App. LEXIS 2516, 1992 WL 48905

District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 1299410

Cited 2 times | Published

circumstances present in this case. Further, section 90.804(2)(a), Florida Statutes (1989), provides a

Wm v. Dept. of Health & Rehab. Servs.

553 So. 2d 274, 1989 WL 142198

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1258512

Cited 2 times | Published

L. was "unavailable" within the meaning of Section 90.804(1), Florida Statutes (1987),[4] the deposition

State v. Hill

504 So. 2d 407

District Court of Appeal of Florida | Filed: Jan 7, 1987 | Docket: 453585

Cited 2 times | Published

hearing as an exception to the hearsay rule under section 90.804(2)(a), Florida Statutes (1985). Because Munson's

Pierce v. Mims

418 So. 2d 273

District Court of Appeal of Florida | Filed: Jun 25, 1982 | Docket: 1288894

Cited 2 times | Published

and the accused, is not within this exception." § 90.804(2)(c), Fla. Stat. (1981).

Medina v. State

260 So. 3d 419

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338741

Cited 1 times | Published

as statements against penal interest under section 90.804(2)(c), Florida Statutes (2013). However, this

Alden Mitchell Howard v. State of Florida

254 So. 3d 1188

District Court of Appeal of Florida | Filed: Oct 2, 2018 | Docket: 7968010

Cited 1 times | Published

non-admissible hearsay, which don’t qualify under § 90.804(2)(c)’s exception for trustworthy statements against

Leon Davis, Jr. v. State of Florida

207 So. 3d 177, 41 Fla. L. Weekly Supp. 515, 2016 Fla. LEXIS 2490

Supreme Court of Florida | Filed: Nov 10, 2016 | Docket: 4487514

Cited 1 times | Published

secular and nondenominational. See § 90.804(2)(b), Fla. Stat. (requiring an unavailable declarant’s

Leon Davis, Jr. v. State of Florida

207 So. 3d 142, 41 Fla. L. Weekly Supp. 528, 2016 Fla. LEXIS 2488

Supreme Court of Florida | Filed: Nov 10, 2016 | Docket: 4487513

Cited 1 times | Published

declaration is secular and nondenominational. See § 90.804(2)(b), Fla. Stat. (requiring an unavailable declarant’s

Petit v. State

92 So. 3d 906, 2012 WL 3021941, 2012 Fla. App. LEXIS 12118

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60310387

Cited 1 times | Published

of the categories in section 90.804(1), Florida Statutes (2007). Section 90.804, however, defines “unavailability”

Melehan v. State

126 So. 3d 1118, 2012 Fla. App. LEXIS 9064, 2012 WL 2012218

District Court of Appeal of Florida | Filed: Jun 6, 2012 | Docket: 60236191

Cited 1 times | Published

testimony to be presented to the jury, citing section 90.804(2)(a), Florida Statutes (2009), as authority

Bank of Montreal v. Estate of Antoine

86 So. 3d 1262, 2012 WL 1605248, 2012 Fla. App. LEXIS 7331

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60307620

Cited 1 times | Published

testimony by direct, cross, or redirect examination.” § 90.804(2)(a), Fla. Stat. However, Florida Rule of Civil

Essex v. State

958 So. 2d 431, 2007 WL 1264004

District Court of Appeal of Florida | Filed: May 2, 2007 | Docket: 1734977

Cited 1 times | Published

of the former testimony, arguing that under section 90.804(1), Florida Statutes (2006), and Crawford v

Labon v. State

868 So. 2d 1222, 2004 WL 575740

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 1510622

Cited 1 times | Published

of his impending death. We disagree. Under Section 90.804(2)(b), Florida Statutes (2000), a statement

In re Amendments to the Florida Rules of Juvenile Procedure

608 So. 2d 478, 17 Fla. L. Weekly Supp. 709, 1992 Fla. LEXIS 1869, 1992 WL 319938

Supreme Court of Florida | Filed: Nov 5, 1992 | Docket: 64692020

Cited 1 times | Published

witness is unavailable as defined by section 90.804(1). Under section 90.804(1) a witness may be “unavailable”

Allstate Insurance Co. v. Greyhound Rent-A-Car, Inc.

586 So. 2d 482, 1991 Fla. App. LEXIS 9419, 1991 WL 192042

District Court of Appeal of Florida | Filed: Sep 25, 1991 | Docket: 64661785

Cited 1 times | Published

1983). In this case, while not referring to section 90.804(2)(a), Florida Statutes, appellee’s counsel

State v. Townsend

556 So. 2d 817, 1990 WL 12006

District Court of Appeal of Florida | Filed: Feb 15, 1990 | Docket: 543103

Cited 1 times | Published

addition to findings pursuant to s. 90.804(1). Section 90.804(1), referred to in the foregoing subsection

Reed v. State

438 So. 2d 169, 1983 Fla. App. LEXIS 21802

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 64599764

Cited 1 times | Published

corroborating circumstances as required by Section 90.804(2)(c), Florida Statutes (1981). Nor would the

Ernest D. Suggs v. State of Florida

Supreme Court of Florida | Filed: Sep 4, 2025 | Docket: 71267629

Published

unavailable declarant’s statement against interest. See § 90.804, Fla. Stat. We reject this argument. First, Suggs

ROBERT JACKSON, a/k/a ELDWIN GELIN v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757234

Published

after trial and statute of limitations had run); § 90.804(1)(b), Fla. Stat. (2021) (“‘Unavailability as

Billy Jim Sheppard, Jr. v. State of Florida & SC20-422 Billy Jim Sheppard, Jr. v. Ricky D. Dixon, etc.

Supreme Court of Florida | Filed: Mar 10, 2022 | Docket: 63148359

Published

exception for statements against interest found in section 90.804(2)(c), Florida Statutes (2020). This statute

MARCEL ASHLEY v. State

District Court of Appeal of Florida | Filed: Nov 25, 2020 | Docket: 18690046

Published

defined in Florida’s Code and Rules of Evidence. See § 90.804(1)(b), Fla. Stat. (2018) (providing in pertinent

SHANTEL KIMBERLY EMMITT v. FIRST TRANSIT, INC. d/b/a TROLLEY 606

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370646

Published

during trial, the defendant’s counsel cited section 90.804(4), but never cited section 90.803(18).

Sean Alonzo Bush v. State of Florida

Supreme Court of Florida | Filed: May 14, 2020 | Docket: 17163244

Published

statement made “under belief of impending death,” § 90.804(2)(b), Fla. Stat. (2017), also known as a dying

Sean Alonzo Bush v. State of Florida

Supreme Court of Florida | Filed: May 14, 2020 | Docket: 17163244

Published

statement made “under belief of impending death,” § 90.804(2)(b), Fla. Stat. (2017), also known as a dying

Johnny Mack Sketo Calhoun v. State of Florida & Johnny Mack Sketo Calhoun v. Mark S. Inch, etc.

Supreme Court of Florida | Filed: Nov 21, 2019 | Docket: 68539960

Published

about not knowing the girl on the flyer. See § 90.804(1)(c), Fla. Stat. (2019) (excepting admissions

James Milton Dailey v. State of Florida

Supreme Court of Florida | Filed: Oct 3, 2019 | Docket: 68539958

Published

admissible as a declaration against interest under section 90.804(2)(c), Florida Statutes (2017). But the circuit

SHERARD ADAMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960210

Published

against the declarant’s penal interest under section 90.804(2)(c), Florida Statutes (2016). The statements

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

270 So. 3d 371

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240

Published

favorable to the other party. For example, section 90.804, Florida Statutes, provides that hearsay evidence

Noack v. State

260 So. 3d 1172

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699960

Published

Pugh "unavailable" due to lack of memory under section 90.804(1)(c), Florida Statutes, because the State

Noack v. State

260 So. 3d 1172

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699959

Published

Pugh "unavailable" due to lack of memory under section 90.804(1)(c), Florida Statutes, because the State

Marvin E. Noack v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455095

Published

Pugh “unavailable” due to lack of memory under section 90.804(1)(c), Florida Statutes, because the State

BRANDON HINCK v. STATE OF FLORIDA

260 So. 3d 325

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346799

Published

an exception exists under section 90.803 or section 90.804, Florida Statutes (2017). Section 90.803(2)

Medina v. State

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8342192

Published

as statements against penal interest under section 90.804(2)(c), Florida Statutes (2013). However, this

George v. State

251 So. 3d 262

District Court of Appeal of Florida | Filed: Jul 5, 2018 | Docket: 7361265

Published

excited utterance. B. Dying Declaration—Section 90.804(2)(b) of the Florida Statutes Although

KEVIN JOSEPH v. STATE OF FLORIDA

250 So. 3d 113

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292502

Published

witness, and did so intending that result. § 90.804(2)(f), Fla. Stat. (2016); see also Mortimer, 100

ANTHONY MOSCATIELLO v. STATE OF FLORIDA

247 So. 3d 11

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7062005

Published

The trial court admitted the testimony under section 90.804(2)(a) and (c), Florida Statutes (2013), under

STATE OF FLORIDA v. WILLIAM CRUMBLEY

247 So. 3d 666

District Court of Appeal of Florida | Filed: May 23, 2018 | Docket: 6862842

Published

one of several hearsay exceptions. See, e.g., § 90.804(2)(c), Fla. Stat. (2010) ("A statement which

KEVIN JOSEPH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375012

Published

witness, and did so intending that result. § 90.804(2)(f), Fla. Stat. (2016); see also Mortimer, 100

HARLEME LARRY v. STATE OF FLORIDA

241 So. 3d 246

District Court of Appeal of Florida | Filed: Mar 23, 2018 | Docket: 6343795

Published

a declaration against penal interest under section 90.804(2)(c), Florida Statutes (2013), because Wright

Dennis Sochor v. State of Florida

246 So. 3d 195

Supreme Court of Florida | Filed: Mar 1, 2018 | Docket: 6321421

Published

707 So.2d 688 , 691 (Fla. 1998) ; § 90.804(2), Fla. Stat. Accordingly, the declaration from

Payton v. State

239 So. 3d 129

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 64674614

Published

statement against penal interest pursuant to section 90.804(2)(c), Florida Statutes, and on due process

Baez v. State

235 So. 3d 1028

District Court of Appeal of Florida | Filed: Jan 5, 2018 | Docket: 60286096

Published

State, 4 So.3d 1274, 1279 (Fla. 2d DCA 2009). Section 90.804(2)(c), Florida Statutes (2012), creates a hearsay

Jude B. Lahens v. State

204 So. 3d 982, 2016 Fla. App. LEXIS 17881

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550615

Published

summarily denied this claim, ruling that, under section 90.804, the testimony was inadmissible because the

& SC14-1332 Clemente Javier Aguirre-Jarquin v. State of Florida & Clemente Javier Aguirre-Jarquin v. Julie L. Jones, etc.

202 So. 3d 785

Supreme Court of Florida | Filed: Oct 27, 2016 | Docket: 4483118

Published

because she was not unavailable as a witness. See § 90.804(2), Fla. Stat. Rather, Samantha testified at Aguirre’s

Dix v. State

196 So. 3d 547, 2016 Fla. App. LEXIS 11429, 2016 WL 4016161

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60256102

Published

show the trustworthiness of *553the statement.” § 90.804(2)(c), Fla. Stat. (2014). • “Essentially, the

Padilla v. State

189 So. 3d 986, 2016 WL 1263809, 2016 Fla. App. LEXIS 5043

District Court of Appeal of Florida | Filed: Apr 1, 2016 | Docket: 3050104

Published

Crawford, 541 U.S. at 53-54, 124 S.Ct. 1354. Section 90.804(l)(b), Florida Statutes (2011), provides that

Gardner v. State

194 So. 3d 385, 2016 Fla. App. LEXIS 4443, 2016 WL 1123681

District Court of Appeal of Florida | Filed: Mar 23, 2016 | Docket: 3049208

Published

overlapping,- grounds: as ■ prior testimony under section 90.804(2)(a), Florida Statutes (2012), as a statement

Richardson v. State

182 So. 3d 918, 2016 Fla. App. LEXIS 584, 2016 WL 166721

District Court of Appeal of Florida | Filed: Jan 15, 2016 | Docket: 60252840

Published

parties and charges, which ended in a mistrial. See § 90.804(2)(a), Fla. Stat- (2013) (providing that where

Latrail Onrillious Jones v. State of Florida

189 So. 3d 853, 2015 Fla. App. LEXIS 17901, 40 Fla. L. Weekly Fed. D 2638

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 3016004

Published

deposition could have been properly admitted under section 90.804, Florida Statutes, because the witness was

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc. Corrected Opinion

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816845

Published

be admissible as a statement against interest, § 90.804(2)(c), Fla. Stat. (2005), and that if Green were

Lucien D. Dort v. State of Florida

175 So. 3d 836, 2015 Fla. App. LEXIS 12757, 2015 WL 5026175

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687697

Published

against a declarant’s penal interest, under section 90.804(2)(c), Florida Statutes. Marciano was expected

Risto Jovan Wyatt v. State of Florida

183 So. 3d 1081, 2015 Fla. App. LEXIS 7620, 2015 WL 2393278

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679321

Published

testimony of an. unavailable witness under section 90.804(2)(a), Florida Statutes. The state and appellant

Mortimer v. State

162 So. 3d 67, 2014 WL 4082821, 2014 Fla. App. LEXIS 12818

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60294061

Published

In light of the Supreme Court’s adoption of section 90.804(2)(f), Florida Statutes *68(2012) “to the extent

Guy Mortimer v. State

162 So. 3d 67

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1120129

Published

In light of the Supreme Court’s adoption of section 90.804(2)(f), Florida Statutes (2012) “to the extent

In Re AMENDMENTS TO the FLORIDA EVIDENCE CODE

144 So. 3d 536, 39 Fla. L. Weekly Supp. 501, 2014 Fla. LEXIS 2156, 2014 WL 3573106

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400978

Published

1, Laws of Florida, the Legislature amended section 90.804 to include the hearsay exception of “Statement

Guy Mortimer v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 1769

Published

v. Washington, 541 U.S. 36 (2004), does section 90.804(2)(f), Florida Statutes (2012), violate

Guy Mortimer v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 1769

Published

v. Washington, 541 U.S. 36 (2004), does section 90.804(2)(f), Florida Statutes (2012), violate

State v. Roberts

174 So. 3d 374, 2014 WL 1696279, 2014 Fla. App. LEXIS 6264

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60250420

Published

Rimondi (“Ms.Rimondi”) “unavailable” pursuant to section 90.804(l)(b), Florida Statutes (2013), and to admit

Margaret A. Allen v. State of Florida

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57174

Published

exception of a statement against penal interest. Section 90.804(2)(c), states: Statement

Rich v. Kaiser Gypsum Co.

103 So. 3d 903, 2012 Fla. App. LEXIS 18519, 2012 WL 5232177

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60227247

Published

objected to both depositions, arguing that section 90.804, Florida Statutes, requires that the party

Payne v. State

74 So. 3d 550, 2011 Fla. App. LEXIS 17854, 2011 WL 5416336

District Court of Appeal of Florida | Filed: Nov 10, 2011 | Docket: 2558037

Published

not sufficiently corroborated, as required by section 90.804(2)(c), Florida Statutes. Although the trial

Lester v. State

76 So. 3d 952, 2011 Fla. App. LEXIS 15377, 2011 WL 4467258

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60304609

Published

grant the State’s motion to admit the evidence. Section 90.804(2)(b), Florida Statutes (2007), provides an

Hendrix v. State

82 So. 3d 1040, 2011 Fla. App. LEXIS 14563, 2011 WL 4056169

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60306037

Published

trustworthiness necessary to be admissible under section 90.804(2)(c), Florida Statutes.

Merritt v. State

68 So. 3d 936, 2011 Fla. App. LEXIS 12901, 36 Fla. L. Weekly Fed. D 1822

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2358350

Published

as statements against penal interest, under section 90.804(2)(c), Florida Statutes, which provides: (2)

Naylor v. State

51 So. 3d 589, 2010 Fla. App. LEXIS 19850, 2010 WL 5343688

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 2406754

Published

declarant-victim to criminal liability. We agree. See § 90.804(2)(c), Fla. Stat. (2010) (providing exception

Cardenas v. State

49 So. 3d 322, 2010 Fla. App. LEXIS 18353, 2010 WL 4909263

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60296727

Published

seeking to introduce the statements at trial. Section 90.804(2)(b), Florida ’ Statutes, provides an exception

Alvarado v. State

46 So. 3d 631, 2010 Fla. App. LEXIS 15839, 2010 WL 4103191

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 2402035

Published

hearsay exception for statements against interest. § 90.804(2)(c), Fla. Stat. The question whether Cannon

Wilson v. State

45 So. 3d 514, 2010 Fla. App. LEXIS 14021, 2010 WL 3655736

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 60296039

Published

establish the unavailability of a witness under section 90.804, Florida Statutes (2008) so that the witness’s

Cardenas v. State

993 So. 2d 546, 2008 Fla. App. LEXIS 15422, 2008 WL 4526104

District Court of Appeal of Florida | Filed: Oct 10, 2008 | Docket: 64856279

Published

under belief of impending death pursuant to section 90.804(2)(b), Florida Statutes. If the statements

Bailey v. State

911 So. 2d 1293, 2005 Fla. App. LEXIS 16230, 2005 WL 2513294

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 64840571

Published

Bennett, would have been admissible at trial. See § 90.804(2)(c), Fla. Stat. (2001). Affirmed in part, reversed

Jenkins v. State

861 So. 2d 1278, 2003 Fla. App. LEXIS 20013, 2003 WL 23164751

District Court of Appeal of Florida | Filed: Dec 23, 2003 | Docket: 64827223

Published

PER CURIAM. AFFIRMED. See § 90.804(2)(d), Fla. Stat. (2000). THOMPSON, PLEUS and ORFINGER, JJ., concur

Price v. City of Boynton Beach

847 So. 2d 1051, 2003 Fla. App. LEXIS 7957, 2003 WL 21221347

District Court of Appeal of Florida | Filed: May 28, 2003 | Docket: 64823427

Published

(Fla. 1st DCA 1984). That rule is codified in section 90.804(2)(a), which differs from section 90.803(22)

J.J. v. State

757 So. 2d 1268, 2000 Fla. App. LEXIS 6222, 2000 WL 668969

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 64797304

Published

against penal interest, it clearly was not so. Section 90.804(2)(c), Florida Statutes (1999), pro-. vides

Jones v. State

739 So. 2d 1220, 1999 Fla. App. LEXIS 10573, 1999 WL 569558

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 64790502

Published

state contends that neither the requirements of section 90.804(2)(c) nor the confrontation clause were actually

Macklin v. State

722 So. 2d 226, 1998 Fla. App. LEXIS 13900, 1998 WL 771398

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64784896

Published

codefendants. Pursuant to the authority of section 90.804, Florida Statutes (1995), we *227find no merit

J.F. v. State

695 So. 2d 1316, 1997 Fla. App. LEXIS 7555, 1997 WL 362840

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 64774569

Published

inconsistent statement was admissible under section 90.804, Florida Statutes (1995), as a statement against

Department of Health & Rehabilitative Services v. M.B.

701 So. 2d 1155, 22 Fla. L. Weekly Supp. 295, 1997 Fla. LEXIS 719, 1997 WL 280066

Supreme Court of Florida | Filed: May 29, 1997 | Docket: 64776994

Published

mental harm, in addition to findings pursuant to section 90.804(1). (b) In a criminal action, the defendant

L.W. v. State, Department of Health & Rehabilitative Services

681 So. 2d 1181, 1996 Fla. App. LEXIS 10782, 1996 WL 590645

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768538

Published

mental harm, in addition to findings pursuant to section 90.804(1). A child is unavailable under section 90

Dawkins v. Varnes

667 So. 2d 335, 1995 Fla. App. LEXIS 11098, 1995 WL 619882

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 64761956

Published

against interest pursuant to section 90.804(2)(a), Florida Statutes. Section 90.804(2)(c) states, Statement

Sm v. State, Department of Health & Rehabilitative Services

651 So. 2d 208, 1995 Fla. App. LEXIS 1959, 1995 WL 79779

District Court of Appeal of Florida | Filed: Mar 1, 1995 | Docket: 1518203

Published

determination that Gregory was "unavailable" under section 90.804(1), the hearsay testimony of HRS' other witnesses

Green v. State

667 So. 2d 789, 1995 Fla. App. LEXIS 28, 1995 WL 1525

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 64762178

Published

introduced as an exception to the hearsay rule under Section 90.804(2)(a), Florida Statutes, is equally applicable

Cherryhomes v. State

635 So. 2d 985, 1994 Fla. App. LEXIS 3505, 1994 WL 131208

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 64747900

Published

child’s unavailability be determined pursuant to section 90.804(1). A child ruled incompetent to testify possibly

Warner v. Reiss

623 So. 2d 777, 1993 Fla. App. LEXIS 8471, 1993 WL 310666

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 64698524

Published

requirements for admission of a deposition under section 90.-804(2)(a), Florida Statutes (1991). This argument

Pottgen v. State

616 So. 2d 1125, 1993 Fla. App. LEXIS 4419, 1993 WL 107062

District Court of Appeal of Florida | Filed: Apr 13, 1993 | Docket: 64695654

Published

therefore read into evidence at the second under section 90.804(l)(e), Florida Statutes (1989), was adverse

Townsend v. State

613 So. 2d 534, 1993 Fla. App. LEXIS 634, 1993 WL 16411

District Court of Appeal of Florida | Filed: Jan 29, 1993 | Docket: 64693972

Published

subsection was added to the Evidence Code long after section 90.804(l)(d) which defines unavailable witnesses as

Williams v. State

611 So. 2d 1337, 1993 Fla. App. LEXIS 94, 1993 WL 5317

District Court of Appeal of Florida | Filed: Jan 13, 1993 | Docket: 64693397

Published

the 1990 amendment to section 90.804(2)(c), Florida Statutes (1989). Section 90.-804(2)(c) is the exception

Hernandez v. State

608 So. 2d 916, 1992 Fla. App. LEXIS 11574, 1992 WL 335894

District Court of Appeal of Florida | Filed: Nov 17, 1992 | Docket: 64692179

Published

procure Berlaga’s attendance in accordance with section 90.804, Florida Statutes (1991), and Florida Rule

Coleman v. State

592 So. 2d 788, 1992 Fla. App. LEXIS 866, 1992 WL 16573

District Court of Appeal of Florida | Filed: Feb 4, 1992 | Docket: 64664754

Published

testimony by process or other reasonable means,” § 90.804(l)(e), Fla.Stat. (1991), she was “unavailable

Woodard v. State

579 So. 2d 875, 1991 Fla. App. LEXIS 4788, 1991 WL 85525

District Court of Appeal of Florida | Filed: May 23, 1991 | Docket: 64658819

Published

circumstances show the trustworthiness of the statement. § 90.804(2)(c), Fla.Stat. (1989). Woodard improperly relies

Celotex Corp. v. Colon

580 So. 2d 801, 1991 Fla. App. LEXIS 4143, 1991 WL 72066

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 64659269

Published

DCA), review denied, 476 So.2d 675 (Fla.1985); § 90.804(2)(a), Fla.Stat. (1989).

Coffey v. Pack

524 So. 2d 498, 13 Fla. L. Weekly 1082, 1988 Fla. App. LEXIS 1817, 1988 WL 42236

District Court of Appeal of Florida | Filed: May 6, 1988 | Docket: 64634534

Published

demonstrated Bennett’s unavailability as required by section 90.804, Florida Statutes (1987). Coffey then suggested

Gillis v. State

518 So. 2d 962, 13 Fla. L. Weekly 232, 1988 Fla. App. LEXIS 257, 1988 WL 4032

District Court of Appeal of Florida | Filed: Jan 19, 1988 | Docket: 64632087

Published

rule is codified in the Florida Evidence Code, section 90.804(2)(c), Florida Statutes (1985). The exception

Rivera v. State

510 So. 2d 340, 12 Fla. L. Weekly 1705, 1987 Fla. App. LEXIS 9282

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 64628564

Published

improperly admitted in evidence below under Section 90.-804(2)(c), Florida Statutes (1985), as interpreted

Duffell v. South Walton Emergency Services, Inc.

501 So. 2d 1352, 12 Fla. L. Weekly 396

District Court of Appeal of Florida | Filed: Jan 26, 1987 | Docket: 64624838

Published

inadmissible because none of the exceptions of section 90.804, pertaining to the declarations of unavailable

Cipollina v. State

501 So. 2d 2, 11 Fla. L. Weekly 2022, 1986 Fla. App. LEXIS 9726

District Court of Appeal of Florida | Filed: Sep 17, 1986 | Docket: 64624371

Published

implicating her was a violation of Bruton and section 90.-804(2)(c), Florida Statutes (1985). The Florida

Di Battisto v. State

480 So. 2d 169, 11 Fla. L. Weekly 28

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 1667366

Published

able to give reliable, coherent testimony. See § 90.804(1)(d), Fla. Stat. (1983); Fed.R.Evid. 804(a)(4)

Ards v. State

458 So. 2d 379, 9 Fla. L. Weekly 2294, 1984 Fla. App. LEXIS 15679

District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 64607822

Published

their arrest, but neither one was located. Section 90.804(2)(c), Florida Statutes (1983) pertains to

Reeser v. Boats Unlimited, Inc.

432 So. 2d 1346, 1983 Fla. App. LEXIS 20057

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 64597565

Published

evidence harmless error. Even though on retrial, Section 90.804(2)(a) may permit the admission of this deposition

State, Department of Health & Rehabilitative Services v. Bennett

416 So. 2d 1223, 1982 Fla. App. LEXIS 20597

District Court of Appeal of Florida | Filed: Jul 20, 1982 | Docket: 64591275

Published

his statement” is definitively unavailable, see § 90.804(l)(a), Fla.Stat. (1981), and the witness’s former