The 2024 Florida Statutes
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. . . A proper application of section 92.565 and our holding in Geiger compels reversal of the circuit court . . . Cf. § 92.565(4). . . . Section 92.565(3) describes the court’s role in gauging the trustworthiness of such a confession prior . . . But corpus delicti has been supplanted by section 92.565 for this criminal offense. . . . State, 946 So.2d 1270, 1275 (Fla. 2d DCA 2007) (“When section 92.565 is properly invoked, it replaces . . . The State filed a motion to admit Tum-linson’s statements under section 92.565. . . . Under section 92.565(2), when a defendant is charged with a crime involving sexual abuse, the defendant . . . But section 92.565 contemplates an exception to this rule and “eliminates corpus delicti as a predicate . . . Section 92.565 serves the same general purpose as the corpus delicti rule but it contains a different . . . A defendant’s confession or admission shall not be admitted under section 92.565 until the State has . . .
. . . into evidence without first determining that the confession was trustworthy as required by section 92.565 . . . We affirm the first issue because section 92.565 only applies where the State is unable to prove corpus . . . Section 92.565 provides an exception to the corpus delicti rule for criminal prosecutions of certain . . . In this case, the State did not — and did not need to — rely on section 92.565 to introduce Ramirez’s . . . Accordingly, because section 92.565 is not implicated in this case, the trial court properly admitted . . .
. . . No attempt was made to introduce the confession pursuant to section 92.565, Florida Statutes (2011). . . .
. . . appellant’s confession to the police was properly admitted into evidence at trial pursuant to section 92.565 . . . err in determining that appellant’s statement was trustworthy and as such admissible under section 92.565 . . . The state relied on section 92.565, Florida Statutes, which states: In any criminal action in which the . . . intimate encounter between P.D. and appellant, satisfied the trustworthiness requirement of section 92.565 . . . the existence of the elements of the crime for purposes of admitting a statement pursuant to section 92.565 . . .
. . . The Fifth District in Hobbs construed section 92.565, Florida Statutes, which eliminates the corpus delicti . . . Section 92.565 provides that factors relevant in determining whether the State is unable to show the . . . Physically incapacitated due to age, infirmity, or any other cause; or (c) Less than 12 years of age.” § 92.565 . . . The court held that the list enumerated in section 92.565(2) was a list of factors a trial court could . . .
. . . The conflict issue is whether, for purposes of admitting a defendant’s statement pursuant to section 92.565 . . . We hold that the plain language of section 92.565 does not prohibit a trial court from considering a . . . In January 2007, the State filed a pretrial motion pursuant to section 92.565, Florida Statutes (2007 . . . Section 92.565, Florida Statutes (2007), titled “Admissibility of confession in sexual abuse cases,” . . . In response, Hobbs argued that the requirements of section 92.565 were not satisfied in his case. . . .
. . . We further find that the trial court properly applied section 92.565, Florida Statutes (2006), in permitting . . .
. . . The sole issue on appeal concerns the admissibility of Appel-lee’s confession pursuant to section 92.565 . . . The State’s motion was based on section 92.565(2), Florida Statutes, which provides in pertinent part . . . All that is required to invoke section 92.565 is that the trial court find that: (1) the defendant is . . . I would hold that section 92.565, Florida Statutes (2005), applies in situations where the victim is . . . The factors listed in section 92.565(2) are not an exhaustive list, but merely provide examples of the . . .
. . . Battery Confession Next, Tanzi claims that the trial court failed to follow the requirements of section 92.565 . . . the trial court to test the reliability of the confession using the procedures outlined in section 92.565 . . .
. . . Hernandez’s statements under section 92.565. . . . THE SECTION 92.565 ISSUE A. . . . Hernandez’s statements under section 92.565. . . . Shul-man’s deposition testimony when it revisits the State’s motion under section 92.565. . . . Hernandez’s statements under section 92.565. . . .
. . . We note that the State did not attempt to admit Appellant’s confession into evidence under section 92.565 . . .
. . . We agree with Appellant that the requirements of section 92.565(2) were not met and that the trial court . . . The state sought to admit Appellant’s confession pursuant to section 92.565(2). . . . Section 92.565(2) creates an exception to the corpus delicti rule for certain sexual abuse crimes. . . . For qualifying sexual abuse cases, section 92.565(2) allows the state to introduce a confession into . . . See § 92.565(2), Fla. Stat. (2005). . . . In my view, the majority opinion overlooks the broad language of section 92.565, Florida Statutes (2005 . . . Section 92.565, Florida Statutes (2005), by its specific terms, applies to a wide range of crimes involving . . . In addition, section 92.565 specifically applies to “any other crime involving sexual abuse of another . . . The State filed a motion to admit Appellant’s confession ■ pursuant to section 92.565, Florida Statutes . . . Analysis Section 92.565, Florida Statutes (2005), eliminates the State’s burden of establishing corpus . . .
. . . We conclude that the confession was properly admitted under section 92.565, Florida Statutes, which creates . . . The trial court overruled this objection and held that the confession was admissible under section 92.565 . . . However, this case is not controlled by the general rule, but rather by section 92.565, Florida Statutes . . . , which is as follows: 92.565. . . . Section 92.565 serves the same general purpose as the corpus delicti rule but it contains a different . . .
. . . appeal the denial of his motion to dismiss and his motion challenging the constitutionality of section 92.565 . . . We conclude that under section 92.565, the statements would have been inadmissible at trial due to the . . . SECTION 92.565 AND THE EVIDENTIARY HEARING Section 92.565(2) provides that when a defendant is charged . . . Section 92.565(3) addresses the need for corroborating evidence of the trustworthiness of the confession . . . Pursuant to section 92.565, the trial court held an evidentiary hearing to determine the trustworthiness . . .
. . . The parties did not discuss section 92.565, Florida Statutes (2003), which permits a defendant's confession . . . Dionne, 814 So.2d 1087 (Fla. 5th DCA 2002) (holding that section 92.565 applies retroactively to evidence . . . Section, 92.565 is an exception to the rule that before evidence of a defendant’s confession or admission . . . Because section 92.565 was not raised below, we have no occasion to address it here. . . . .
. . . Stat. (2001), and by admitting his confession under section 92.565, Florida Statutes (2001). . . .
. . . But, even if those testimonies were insufficient, section 92.565 has eliminated corpus delicti as a predicate . . . While the judge did not hold a separate hearing, the substantive provisions of section 92.565 were clearly . . . prosecution in which the defendant, such as Harrington, is charged with violating section 800.04. § 92.565 . . . Section 92.565, Florida Statutes, provides (1) As used in this section, the term "sexual abuse” means . . .
. . . Appellant, the State of Florida, appeals the trial court’s reliance on section 92.565, Florida Statutes . . . to suppress Lena’s statement as to the prior incident was granted by the court pursuant to section 92.565 . . . trial court erred in granting Lena’s motion to exclude a portion of- his statement based upon section 92.565 . . . consider whether the trial court was right for the wrong reason because the judge only considered section 92.565 . . .
. . . Even so, the court recognized that under section 92.565, Florida Statutes, it is no longer necessary . . .
. . . Second, Peterson urges that his confession was not admissible under section 92.565, a relatively new . . .
. . . The trial court held that application of section 92.565, Florida Statutes (2000), which was enacted after . . . Initially, the trial court denied Dionne’s motion pursuant to section 92.565, Florida Statutes (2000) . . . In order to resolve this issue, we will discuss the provisions of section 92.565, address the general . . . We find that the trustworthiness doctrine under section 92.565 serves the same purpose. . . . See § 92.565(3), Fla. Stat. (2000); Government of Virgin Islands v. . . .
. . . See Sections 92.565 and 560.125(8), Florida Statutes. . . . .