MANUEL CAMPOS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rodriguez v. State, 609 So. 2d 493 (Fla. 1992)
  …) of the evidence code, when, at the time of its taking, opposing counsel is not alerted by compliance with Rule of Criminal Procedure 3.190(j) that the deposition may be used at trial. We hold that it is not. Accord State v. James; Campos v. State, 489 So. 2d 1238 (Fla. 3d DCA1986) (discovery deposition that qualifies as a hearsay exception under section 90.804(2)(a) is not admissible as substantive evidence unless it qualifies for such admission under the criminal rules of procedure); Jackson v. State, 453 S…
• Smith v. State, 606 So. 2d 641 (Fla. 1st DCA 1992)
  …1169, 1171 (Fla.1981) (holding that discovery depositions may not be used as substantive evidence in criminal trials). And see Barnett v. State, 444 So. 2d 967 (Fla. 1st DCA 1983); Clark v. State, 572 So. 2d 929 (Fla. 5th DCA 1990); Campos v. State, 489 So. 2d 1238 (Fla. 3d DCA 1986). We acknowledge that the above decisions are at variance with the interpretation placed on section 90.804(2)(a) by a respected commentator in the field of evidence, who states: [Tjhere is some Florida authority that in a criminal…
• Segars v. State, 537 So. 2d 1052 (Fla. 3d DCA 1989)
  …error to impeach prosecution witness as adverse witness where witness merely suffered lapse of memory); State v. James, 402 So. 2d 1169 (Fla.1981) (discovery depositions are not admissible as substantive evidence in criminal trial); Campos v. State, 489 So. 2d 1238 (Fla. 3d DCA 1986) (absent compliance with Fla.R.Crim.P. 3.190(j), deposition is not admissible as substantive evidence); Austin v. State, 461 So. 2d 1380 (Fla. 1st DCA 1984) (witness’ failure to give expected testimony and instead giving less benef…

Authorities Cited

• State v. James, 402 So. 2d 1169 (Fla. 1981)
• Terrell v. State, 407 So. 2d 1039 (Fla. 1st DCA 1981)
• Barnett v. State, 444 So. 2d 967 (Fla. 1st DCA 1983)