FORREST E. HONEA, PETITIONER,

v.

MONROE BRANNEN, AS SHERIFF OF POLK COUNTY, FLORIDA, RESPONDENT

Citator

Cited By

• Monarca v. State, 412 So. 2d 443 (Fla. 5th DCA 1982)
  …cident], 2) the voluntary nature of the declaration, 3) the self-serving nature of the statement, and 4) the de-clarant’s physical and mental condition at the time of the statement. Appell v. State, 250 So. 2d 318, 321 (Fla. 4th DCA), cert. denied, 257 So. 2d 257 (Fla.1971). While time is an important factor, the spontaneity of the utterance is probably most controlling. Thus, res gestae is not limited only to those statements made simultaneously with the act in question. All declarations and acts of the p…
• Alexander v. State, 627 So. 2d 35 (Fla. 1st DCA 1993)
  …e, 342 So. 2d 1057 (Fla. 1st DCA), cert. denied, 353 So. 2d 680 (Fla.1977).2 [*44] Furthermore, Florida has followed a liberal rule concerning the admittance of res gestae statements. See Appell v. State, 250 So. 2d 318 (Fla. 4th DCA), cert. denied, 257 So. 2d 257 (Fla.1971). Accordingly, we do not see any basis on this record for concluding that this testimony was lacking in apparent trustworthiness and probative value. Thus, we are impelled to conclude that the exclusion of the proffered testimony of res ge…
• Mitchell v. State, 321 So. 2d 108 (Fla. 1st DCA 1975)
  …the Supreme Court’s ruling in a later Brown case, Brown v. State, Fla., 245 So. 2d 68 (1971), but would be compatible with the opinion of the Fourth District Court of Appeal in Appell v. State, Fla.App. (4th), 250 So. 2d 318 (1971), cert. den. Fla., 257 So. 2d 257. After the second Brown case, above, the waters were clouded on this subject by the Supreme Court’s denial of certiorari in Appell and its subsequent opinion in State v. Anderson, Fla., 270 So. 2d 353 (1972), in which it appeared to place its stamp…

Authorities Cited

• ST. Petersburg Sheraton Corp. v. Stuart, 242 So. 2d 185 (Fla. 2d DCA 1970)
• Forrest E. Honea v. Monroe Brannen, 242 So. 2d 185 (Fla. 2d DCA 1970)