Florida/Georgia Personal Injury & Workers Compensation

...3139 (emphasis supplied). STATUTORY HEARSAY EXCEPTION With this constitutional framework in mind, we analyze whether the hearsay exception for elderly adults is facially violative of the Confrontation Clause. It is uncontroverted that but for the recently passed statute, section 90.903(24), a narrative statement by any victim of a crime to a police officer not falling into any traditional hearsay exception would be inadmissible hearsay....

...to the hearsay rule under section 90.803(18), Florida Statutes (1997). However, Stivers' handwritten notes made at the time Donato made the statements should not have been admitted into evidence. Even if the notes qualified as recorded recollection, Section 90.903(5), Florida Statutes (1997), allows only that such evidence be read into evidence, unless offered by the adverse party....

...he time of trial. Jones is dispositive and, accordingly, we find that the trial court erred when it allowed the examining physician to testify to the child victim’s statements about the appellant’s culpability without observing the safeguards of section 90.903(23)....

...d presented direct evidence of the defendant’s guilt. 15 Baugh, 961 So. 2d at 15 The State charged Baugh with capital sexual battery on a child. Baugh, 961 So. 2d at 201. At trial, the State, under the child victim hearsay exception found in section 90.903(23) of the Florida Statutes, introduced the child’s out- of-court statements to the police recounting Baugh’s acts of sexual abuse. Id....