ROGELIO A. MARTIN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Darius Jamine Polite v. State, 41 So. 3d 935 (Fla. 5th DCA 2010)
  …olding that prior identification is not hearsay when the declarant is available at trial for cross-examination and that it “makes no difference whether the witness admits or denies or fails to recall making the prior identification”); A.T. v. State, 448 So. 2d 613, 614 (Fla. 3d DCA 1984) (finding prior identification admissible even though de-clarant testified at trial that he possessed neither past nor present ability to identify defendant). It was sufficient that the State opened the door for cross-examinat…
• A.E.B. v. State, 818 So. 2d 534 (Fla. 2d DCA 2002)
  …that prior identification is not hearsay when the declarant is [*536] available at trial for cross-examination and that it “makes no difference whether the witness admits or denies or fails to recall making the prior identification”); A.T. v. State, 448 So. 2d 613, 614 (Fla. 3d DCA 1984) (finding prior identification admissible even though declarant testified at trial that he possessed neither past nor present ability to identify defendant). Therefore, in order to admit prior identification testimony under se…
• Fidelia Alexander v. Bird Rd. Ranch & Stables, Inc., 599 So. 2d 229 (Fla. 3d DCA 1992)
  …nt. That hearsay testimony presented Bird Road Ranch’s version of the accident.1 Bird Road Ranch contends that the testimony was admissible to impeach the owner’s prior admissions. See State v. Hill, 504 So. 2d 407 (Fla. 2d DCA 1987); A.T. v. State, 448 So. 2d 613 (Fla. 3d DCA 1984); § 90.806(1), Fla.Stat. (1989). We disagree. The owner’s statements describing the accident were not inconsistent with his previous admissions implying that the horse’s disposition rendered it unsuitable for Dr. Alexander to ride.…

Authorities Cited

• Knight v. State, 394 So. 2d 997 (Fla. 1981)