Confrontation Clause

1,935 Florida cases classified under this topic, plus 1,522 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• State v. Lyons
  9th Cir. Ct. App. Div.· 2011-01-03 ·via Right To Confrontation
  The State appealed a trial court's order granting a defendant's pretrial motion to suppress evidence from a traffic stop. The appellate court reversed, finding that the defendant's motion was legally insufficient because driving with non-functioning brake lights constitutes a tra
• Miranda v. State
  50 So. 3d 707· Fla. 4th DCA· 2010-12-15 ·via Constitutional Right To Confrontation
  Miranda was convicted of sexual battery on his niece after three trials. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court admitted the child victim's pretrial hearsay statements without making the specific statutory findings of rel
• Sanders v. Sellers-Earnest
  768 F. Supp. 2d 1180· M.D. Fla.· 2010-06-11 ·via Right To Confrontation
  The seller of a pre-construction condominium unit appeals a trial court's summary judgment for the buyer, arguing the sales contract was authorized under the Interstate Land Sales Full Disclosure Act (ILSFDA) and not subject to revocation.
• State v. Ferrey
  35 So. 3d 177· Fla. 3d DCA· 2010-06-02 ·via Right To Confrontation
  The State appeals a trial court's grant of a new trial in a burglary and attempted sexual battery case. The court found that repeated references to a non-testifying witness named Carlos, combined with inferential hearsay about his out-of-court statements, violated the defendant's
• In & for Kent Cnty.
  Del. Super. Ct.· 2010-04-08
  The Court denied Ralph E. Swan's postconviction motion and motion for a new trial. The Court found that Swan's claims of ineffective assistance of counsel regarding DNA evidence, the Norcross recantation, reward information, felony murder convictions, Norcross's background, the P
• Baker v. McNeil
  711 F. Supp. 2d 1313· N.D. Fla.· 2010-03-31
  The court held that the exclusion of evidence regarding the complaining witness's prior false accusations of sexual misconduct violated the Confrontation Clause and was not harmless error.
• Smith
  Del.· 2010-03-30
  The Court reversed the Superior Court's denial of the motion for post-conviction relief, holding that the defendant was prejudiced by his trial attorneys' ineffectiveness. Counsel's failure to request a specific jury instruction concerning the credibility of accomplice testimony,
• Weber
  Del.· 2009-04-22 ·via Right To Confrontation
  The Delaware Supreme Court affirmed in part and reversed in part the Superior Court's judgment. The Court reversed the conviction for Attempted First Degree Robbery, finding that the trial judge erred by refusing to instruct the jury on the lesser included offense of Offensive To
• Blue v. State
  8 So. 3d 454· Fla. 1st DCA· 2009-04-14
  Florida appellate court reversed a capital sexual battery conviction because the trial court improperly limited cross-examination of the alleged victim regarding her prior false allegations, violating the defendant's constitutional right to expose witness bias and credibility iss
• Collies J. Robinson v. State
  4 So. 3d 87· Fla. 3d DCA· 2009-03-04
  Robinson appeals his convictions for two counts of first-degree murder, attempted first-degree murder, firearm possession by a convicted felon, and use of a firearm during a felony. The appellate court affirms, rejecting Robinson's arguments that his initial consensual encounter
• Johnson v. State
  996 So. 2d 926· Fla. 1st DCA· 2008-12-05
  Florida appellate court affirmed sexual battery convictions, holding that the trial court properly found child-victim's out-of-court statements reliable under section 90.803(23) and State v. Townsend, and that admission of such statements did not violate confrontation rights wher
• State v. Brocca
  979 So. 2d 430· Fla. 3d DCA· 2008-04-23
  The Florida Supreme Court remanded this case for reconsideration in light of State v. Hosty, which upheld section 90.803(24) as constitutional when applied to nontestimonial hearsay. The Third District Court of Appeal reversed the trial court's finding that the statute was uncons
• United States v. O'Sullivan
  553 F. Supp. 2d 1349· M.D. Fla.· 2008-04-02 ·via Right To Confrontation
  The court granted the defendant's motion to perpetuate the testimony of a witness likely to be deported, finding the witness unavailable and the testimony material.
• Clarke v. State
  976 So. 2d 1184· Fla. 5th DCA· 2008-03-20
  Ricardo Clarke was convicted of aggravated assault with a firearm following a road-rage incident. The appellate court reversed and remanded for a new trial because the trial court admitted inadmissible hearsay testimony from the investigating officer regarding eyewitness accounts
• Tyrrell v. State
  975 So. 2d 615· Fla. 4th DCA· 2008-03-05 ·via Right To Confrontation
  James Tyrrell was charged with three counts of second-degree sexual battery but convicted by jury of two counts of the lesser included offense of misdemeanor battery. He appeals his conviction, raising multiple evidentiary and procedural challenges. The court affirms the convicti
• Kolb v. Winter Park Police Dep't
  9th Cir. Ct. App. Div.· 2008-02-05
  This case addresses whether a trial court properly admitted laser speed measurement device certification as business records evidence and whether the underlying statute creates an unconstitutional irrebuttable presumption in a traffic speeding enforcement action. The appellate co
• Layura Sellers v. State
  973 So. 2d 543· Fla. 1st DCA· 2007-12-31 ·via Right To Confrontation
  The court held that a contract for the purchase of vacant land was not illusory, despite a blank space in the feasibility study provision, and remanded for further proceedings after the trial court dismissed the buyer's complaint for specific performance.
• Greene v. State
  970 So. 2d 900· Fla. 5th DCA· 2007-12-21
  David Eugene Greene appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act. The Fifth District Court of Appeal affirms the trial court's commitment order, rejecting Greene's arguments that the Act did not apply to him and that hearsay testimony
• Desmond Harris v. State
  969 So. 2d 568· Fla. 5th DCA· 2007-11-30 ·via Sixth Amendment (Confrontation Clause)
  The court held that the Confrontation Clause as interpreted in Crawford v. Washington does not apply to probation revocation proceedings.
• Malaquias Gonzalez v. State
  965 So. 2d 273· Fla. 5th DCA· 2007-09-14 ·via Right To Confrontation
  Malaquias Gonzalez appealed his burglary conviction, challenging the admission of a pawn shop transaction form as violating his Sixth Amendment right to confrontation under Crawford v. Washington. The Florida appellate court held that the pawn shop transaction form was non-testim
• In & for New Castle Cnty.
  Del. Super. Ct.· 2007-09-11
  The Superior Court properly denied the defendant's motions for a new trial and judgment of acquittal. The court found that the evidence was sufficient to support the jury's verdicts, that the defendant's Sixth Amendment rights were not violated by the denial of access to therapis
• Walker v. State
  965 So. 2d 189· Fla. 3d DCA· 2007-08-29
  The Florida Third District Court of Appeal affirmed in part and reversed in part a defendant's convictions. The court held that admitting a 911 tape was not a Confrontation Clause violation and that convictions for kidnapping and attempted felony murder did not violate double jeo
• Pesci v. State
  963 So. 2d 780· Fla. 3d DCA· 2007-07-18
  James Pesci appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's admission of hearsay evidence regarding an uncharged sexual offense in New York. The court affirmed, holding that hearsay evidence is admissible u
• Baker v. State
  959 So. 2d 1250· Fla. 2d DCA· 2007-06-29 ·via Right To Confrontation
  The court held that the State failed to present a prima facie case of battery, requiring a judgment of acquittal.
• United States v. Jenkins
  499 F. Supp. 2d 1268· M.D. Fla.· 2007-06-05
  The court held that prosecutorial comments on the defendant's post-Miranda refusal to provide a sworn written statement constituted a Doyle violation, as the defendant did not open the door to such commentary by attempting to create a false impression of cooperation.
• Hawthorne v. State
  953 So. 2d 751· Fla. 2d DCA· 2007-04-18
  Ben Hawthorne appealed from an order revoking his probation based on cocaine possession charges and failure to pay costs. The court affirmed the revocation but remanded for corrected orders addressing condition number errors and cost calculation issues, and certified a question t
• State v. Ratner
  953 So. 2d 36· Fla. 4th DCA· 2007-03-28
  Florida appeals a trial court's denial of a motion in limine to admit a domestic violence victim's statement to police as an excited utterance under Crawford v. Washington. The Fourth DCA declined to answer the certified constitutional question and remanded for the trial court to
• Cole
  Del.· 2007-03-12
  The appellate court affirmed the trial court's denial of the defendant's motion to suppress evidence derived from his statement. The court found that the trial judge's factual findings were supported by the record and that she did not abuse her discretion in admitting the evidenc
• Massery v. State
  953 So. 2d 568· Fla. 1st DCA· 2007-02-12 ·via Right To Confrontation
  Crawford v. Washington's testimonial hearsay rule does not apply to probation-revocation proceedings where the defendant received a true split sentence, because the prosecution is completed upon imposition of the sentence.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2007-02-01 ·via Right To Confrontation
  The Delaware Superior Court granted the State's Motions to Quash Subpoenas Duces Tecum, holding that Rule 17(c) cannot be used as a pretrial discovery tool to obtain materials not discoverable under Rule 16. The court emphasized that Rule 16 governs criminal discovery and exclude
• Roman v. State
  937 So. 2d 235· Fla. 3d DCA· 2006-09-01 ·via Sixth Amendment (Confrontation Clause)
  Roman was convicted of sexual battery and strong arm robbery based on victim identification and video evidence. The Florida appellate court reversed because the trial court improperly admitted hearsay evidence when a detective testified about identifying the defendant through inf
• Reyes v. Fla. Parole Comm'n
  935 So. 2d 594· Fla. 1st DCA· 2006-08-08 ·via Right To Confrontation
  Florida appellate court granted certiorari and quashed summary denial of habeas petition challenging parole revocation, holding that alleged deprivations of counsel, evidence access, and cross-examination required issuance of order to show cause before adjudication on the merits.
• United States v. Battle
  473 F. Supp. 2d 1185· S.D. Fla.· 2006-06-16
  The court ruled on several legal issues concerning the scope of the RICO enterprise, admissibility of prior testimony, and the use of money laundering as a predicate offense, finding that the evidence sufficiently established the enterprise and that certain testimony was admissib
• Sorge v. State
  915 So. 2d 707· Fla. 1st DCA· 2005-11-29
  The court held that the trial court erred in excluding evidence relevant to a prosecution witness's bias and motive to testify falsely.
• In & for Sussex Cnty.
  Del. Super. Ct.· 2005-07-19
  The court held that certain out-of-court statements made by the victim were admissible as hearsay, finding them to be either non-testimonial under Crawford v. Washington or falling within firmly rooted hearsay exceptions. Specifically, statements made for medical diagnosis and tr
• Howard v. State
  902 So. 2d 878· Fla. 1st DCA· 2005-05-27
• Rolle v. State
  904 So. 2d 492· Fla. 3d DCA· 2005-05-11
• Perry v. State
  900 So. 2d 755· Fla. 4th DCA· 2005-05-04 ·via Right To Confrontation
  Willie Perry appealed his guilty plea in a kidnapping and sexual battery case, challenging the adequacy of the plea colloquy conducted by the trial court. The Florida Fourth District Court of Appeal reversed and remanded, holding that the trial court failed to comply with Florida
• United States v. Supliment Corp.
  2005 U.S. Dist. LEXIS 7450· S.D. Fla.· 2005-04-27
  The court denied the defendants' motions to sever their trial without prejudice, finding a final ruling premature due to unknown factors.
• Lizzie Mae Mixon v. State
  899 So. 2d 496· Fla. 1st DCA· 2005-04-20
• IN & FOR NEW Castle Cnty. Alfred Izquierdo
  Del. Ch.· 2004-06-29 ·via Confrontation Of Witnesses
  The Court denied the plaintiff's motion for partial summary judgment and granted in part the defendants' motion for summary judgment. Individual defendants were dismissed from the action. The City was granted summary judgment on most counts, but the breach of contract claims rela
• Chestnut v. State
  874 So. 2d 731· Fla. 4th DCA· 2004-06-09
  Court reversed Chestnut's life sentence as a prison releasee reoffender because the State failed to present sworn testimony from a fingerprint analyst to establish the prior convictions were his, rendering the fingerprint evidence inadmissible hearsay.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2004-01-29 ·via Confrontation Of Witnesses
  The Delaware Superior Court denied the defendant's pro se motion for postconviction relief, finding it procedurally barred under Superior Court Criminal Rule 61. The court determined the motion was filed too late, that the claims raised were either previously adjudicated or not r
• Price v. City OF Boynton Beach
  847 So. 2d 1051· Fla. 4th DCA· 2003-05-28
  Price challenges a trial court's issuance of a temporary injunction for protection against repeat violence, arguing the court improperly admitted hearsay evidence, including psychiatrist deposition testimony from an unrelated workers' compensation case and statements by a mediato
• Swan
  Del.· 2003-04-09
  The Delaware Supreme Court affirmed the conviction and death sentence of Ralph Swan. The court held that the trial judge did not abuse his discretion in denying the motion to disqualify counsel, that the admission of co-defendant's statements did not violate Swan's Sixth Amendmen
• Kelly v. State
  842 So. 2d 223· Fla. 1st DCA· 2003-04-08
  Virginia Kelly appeals her second-degree murder conviction for shooting her husband Ronald Kelly. The Florida District Court of Appeal, First District reversed the conviction, finding that the trial court abused its discretion by denying recross-examination on critical redirect t
• Lewis v. State
  833 So. 2d 812· Fla. 4th DCA· 2002-11-20 ·via Right To Confrontation
  Lewis was convicted of organized fraud and 36 communications fraud counts related to a fraudulent vending machine business scheme. The appellate court affirmed 16 communications fraud convictions supported by business records (purchase orders and shipment logs) but reversed 2 con
• A.B. v. Dep't of Child. & Fam. Servs.
  820 So. 2d 1085· Fla. 3d DCA· 2002-07-17 ·via Right To Confrontation
  The Florida District Court of Appeal reversed a judgment terminating parental rights because the trial court allowed two critical witnesses to testify via telephone without the mother's consent or notice, violating Florida Rule of Judicial Administration 2.071 and denying the mot
• Walker v. State of Del.
  Del.· 2002-01-31 ·via Constitutional Right To Confrontation
  The judgment of the Superior Court is affirmed. The court held that the defendant's challenge to the admissibility of prior felony convictions for impeachment purposes could not be reviewed because the defendant failed to testify at trial. The court also found that while prosecut
• Roth
  Del.· 2001-12-21 ·via Right To Confrontation
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that the trial judge did not err in admitting Theresa Anderson's prior statement, Roth, Jr.'s statement to Detective Corrigan, or evidence of Roth, Jr.'s tattoo. The court found that Theresa Anderson's st