RICCI MAYO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• D.M.L. v. State, 976 So. 2d 670 (Fla. 2d DCA 2008)
  …offered to “[p]rove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action” or to “[pjrove or explain acts of subsequent conduct of the declarant”); Everett v. State, 801 So. 2d 189, 191 (Fla. 4th DCA 2001) (holding that an out-of-court statement “may be admissible to prove a variety of issues besides the truth of the matter, such as the declarant’s state of mind”). Because Melody’s testimony regarding the phone call was relev…
• Plummer v. State, 121 So. 3d 1129 (Fla. 1st DCA 2013)
  …fficking in hydrocodone. We find no error in Issue I. As to Issue II, although the trial court erred by excluding evidence of the confidential informant’s purported threats, see Crumley v. State, 534 So. 2d 909 (Fla. 1st DCA 1988), Everett v. State, 801 So. 2d 189 (Fla. 4th DCA 2001), appellant failed to preserve the issue by proffering the excluded statements, Lucas v. State, 568 So. 2d 18 (Fla.1990), Baker v. State, 71 So. 3d 802 (Fla.2011). We reverse appellant’s sentence, because the evidence was undisp…
• Plantation Gen. Hosp. Ltd. P'ship v. Div. of Admin. Hearings, 243 So. 3d 985 (Fla. 4th DCA 2018)
  ….803(3)(a)1, Fla. Stat. (2014). The statements were offered to prove her intent and plan, which were relevant to ascertaining her career progression for the purposes of lost support, not to prove the truth of the matter. See e.g. Everett v. State, 801 So. 2d 189, 191-92 (Fla. 4th DCA 2001) (noting that an out of court statement may be admissible to prove declarant’s state of mind); Blackburn v. Aetna Freight Lines, Inc., 368 F. 2d 345, 348 (3d Cir. 1966); Whittle v. Schemm, 402 F. Supp. 1294, 1299 (E.D. Pa.…

Authorities Cited

• State v. Causey, 503 So. 2d 321 (Fla. 1987)