THOMAS TERRILL FOSTER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Browne v. State, 132 So. 3d 312 (Fla. 4th DCA 2014)
  …hat she had a motive to fabricate. Thus, the victim’s hearsay statement to the friend was inadmissible as a prior consistent statement. See id. The admission of inadmissible hearsay evidence is subject to harmless error analysis. Peterson v. State, 874 So. 2d 14 (Fla. 4th DCA 2004). The harmless error test “places the burden on the state, as the beneficiary of the error, to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, alternatively stated, that there is…
• Carter v. State, 951 So. 2d 939 (Fla. 4th DCA 2007)
  …vide self-corroboration. Its prejudicial effect was then compounded by the fact that it was introduced through a police officer, who is generally regarded as a disinterested, objective, and, therefore, highly credible witness. See Peterson v. State, 874 So. 2d 14, 17-18 (Fla. 4th DCA 2004); Barnes v. State, 576 So. 2d 439 (Fla. 4th DCA 1991). In addition, the prosecutor referred to the victim’s affidavit in closing argument, urging the jury to take it back with them, look at it, and consider whether it is c…
• Servando Ortuno v. State, 54 So. 3d 1086 (Fla. 1st DCA 2011)
  …after the existence of “motivation to fabricate testimony, such hearsay statements are not admissible because they are [*1089] not being offered to rebut an allegation of recent fabrication in order to rehabilitate a witness.” See Peterson v. State, 874 So. 2d 14, 17 (Fla. 4th DCA 2004). Here, the State’s case included unrebut-ted evidence that the alleged victim had a motive to falsify: having been removed from her home in February 2009 and placed under the care of Jeffrey Uhrick, K.C. testified that it wa…

Authorities Cited

• Brewer v. State, 413 So. 2d 1217 (Fla. 5th DCA 1982)