Constitutional Right To Confrontation

23 Florida cases classified under this topic · sorted by citation count · browse and sort

• Brooks v. State
  787 So. 2d 765· Fla.· 2001-04-05 ·cited 79×
  Lamar Brooks was convicted of first-degree murder and sentenced to death for the stabbing deaths of Rachel Carlson and her three-month-old daughter. The Florida Supreme Court reversed the conviction and remanded for a new trial, finding that the trial court's admission of extensi
• United States v. Gonzalez
  559 F.2d 1271· 5th Cir.· 1977-09-28 ·cited 58×
  The grand jury testimony of a previously convicted coconspirator who refuses to testify at trial is inadmissible hearsay, as it does not qualify as a statement against interest or possess equivalent circumstantial guarantees of trustworthiness.
• State v. Ford
  626 So. 2d 1338· Fla.· 1993-11-10 ·cited 37×
  The Florida Supreme Court held that while a trial court may employ procedures not expressly authorized by law to protect child witnesses from trauma, the videotaped testimony of a four-year-old witness in a homicide case violated the defendant's Sixth Amendment confrontation righ
• United States v. Baresh
  790 F.2d 392· 5th Cir.· 1986-05-22 ·cited 30×
  The court held that the trial court did not err in its evidentiary rulings, restrictions on cross-examination, contempt citation of counsel, or in refusing to grant a mistrial. The evidence was sufficient to support the convictions, and sentencing did not violate the double jeopa
• United States v. Martinez
  616 F.2d 185· 5th Cir.· 1980-04-30 ·cited 27×
  The court held that the defendants' arguments regarding double jeopardy, prosecutorial misconduct, insufficiency of evidence, and the failure to provide an interpreter did not warrant reversal.
• Elwell v. State
  954 So. 2d 104· Fla. 2d DCA· 2007-04-25 ·cited 23×
  Thomas Elwell appeals his conviction for attempted lewd and lascivious molestation, challenging the trial court's admission of child-hearsay statements on the ground that the court failed to make specific factual findings required by Florida Statute section 90.803(23). The appell
• McLEAN v. State
  754 So. 2d 176· Fla. 2d DCA· 2000-04-05 ·cited 21×
  Daniel McLean was convicted of kidnapping and three counts of sexual battery for his role in a joint assault with Jason Rancourt. The Second District Court of Appeal reversed his conviction for kidnapping and all sexual battery convictions, finding insufficient evidence for kidna
• Johnson v. State
  595 So. 2d 132· Fla. 1st DCA· 1992-02-13 ·cited 18×
  Mary Johnson appealed her cocaine possession conviction, which followed a nolo contendere plea with reserved appellate rights challenging the denial of a suppression motion. The Florida appellate court held that while probable cause existed for her arrest, the trial court reversi
• Fowler v. Parratt
  682 F.2d 746· 8th Cir.· 1982-07-09 ·cited 14×
  The court held that the district court's denial of the petition for a writ of habeas corpus was proper because the petitioner failed to demonstrate prejudice from any alleged errors, whether considered singly or in conjunction, and failed to establish cause for procedural default
• Tyler v. Swenson
  440 F.2d 621· 8th Cir.· 1971-04-02 ·cited 14×
  The court held that the district court correctly dismissed the habeas corpus petition without prejudice because the appellant had not exhausted available state remedies for his claims regarding pretrial identification and hearsay evidence.
• Dennis v. State
  214 So. 2d 661· Fla. 3d DCA· 1968-10-01 ·cited 12×
  Dennis and Palmer were convicted of robbery after a jury trial in Dade County, Florida. On appeal, they challenged the trial court's exclusion of a cross-examination question regarding pending criminal charges against the state's rebuttal witness, claiming a violation of their co
• Narum v. United States
  287 F.2d 897· Ct. Cl.· 1960-11-02 ·cited 8×
  The court held that a plaintiff who repeatedly failed to raise a constitutional confrontation issue during military appeals should not be permitted to raise it years later in a civilian court for a money judgment.
• United States v. Hoyt Powell
  611 F.2d 41· 4th Cir.· 1979-11-29 ·cited 2×
  A district court may proceed with a trial in absentia when a defendant, initially present, voluntarily absents himself without a compelling reason after being notified of the trial date.
• Azbill v. Pogue
  534 F.2d 195· 9th Cir.· 1976-04-06 ·cited 2×
  The court held that the petitioner's counsel's decision not to extensively cross-examine a key witness regarding juvenile offenses, due to trial court restrictions, did not constitute a deliberate bypass of state remedies.
• T.T.W. v. State
  47 Fla. L. Weekly D1409· Fla. 3d DCA· 2022-09-30 ·cited 1×
  A juvenile defendant challenged his trial court's allowing a police officer to testify via Zoom without a case-specific finding of necessity, arguing this violated his Sixth Amendment right to confrontation. The court reversed and remanded, requiring the trial court to make expli
• Macomber v. State
  254 So. 3d 1098· Fla. 1st DCA· 2018-08-30 ·cited 1×
  Evidence that K.M. stated Macomber sexually abused both her and A.M. during the same criminal episode is relevant and admissible because it is inextricably intertwined with the charged crimes, not a collateral matter offered solely for impeachment. The trial court abused its disc
• United States v. Gaffney
  676 F. Supp. 1544· M.D. Fla.· 1987-12-18 ·cited 1×
  The court held that the cumulative effect of extraneous information and outside influences disclosed in the jury room created a reasonable possibility of prejudice, warranting a new trial.
• Keosha Carn v. State
  Fla. 4th DCA· 2026-04-01
  The trial court committed reversible error by excluding non-hearsay testimony regarding threats made to the defendant when the statements were offered to show their effect on the defendant listener and to explain her state of mind in seeking assistance, and the State failed to de
• T.T.W. v. State
  Fla. 3d DCA· 2022-09-30
  An acting governor lacks authority to issue a tax exemption and subsidy certificate for a business category not authorized under the current tax exemption statute, and mere filing of an application under a prior repealed statute does not create a vested right to exemption benefit
• Stanford v. State
  9th Cir. Ct. App. Div.· 2014-04-09
  Ruth Stanford appealed a hearing officer's determination that she violated Florida's red light traffic law based on red light camera evidence. The appellate court reversed and remanded because the record was unclear whether the hearing officer actually reviewed the affidavit esta
• Miranda v. State
  50 So. 3d 707· Fla. 4th DCA· 2010-12-15
  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
• Walker v. State of Del.
  Del.· 2002-01-31
  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