Hearsay Evidence Admissibility

166 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Kearse v. State
  662 So. 2d 677· Fla.· 1995-06-22 ·cited 178×
  The Florida Supreme Court affirmed Billy Leon Kearse's convictions for first-degree murder and robbery with a firearm in the killing of Fort Pierce police officer Danny Parrish, but vacated his death sentence and remanded for a new penalty phase proceeding before a jury due to er
• United States v. Kikumura
  918 F.2d 1084· 3d Cir.· 1990-11-02 ·cited 148×
  A sentencing judge cannot make extreme departures from guidelines without procedural fairness. The Government's manipulation of charges and sentencing may violate due process.
• Kephart v. Hadi
  932 So. 2d 1086· Fla.· 2006-06-08 ·cited 120×
  The Florida Supreme Court held that probable cause petitions under the Jimmy Ryce Act for involuntary civil commitment of sexually violent predators must be supported by sworn proof, but such proof need not be provided by a mental health professional—the state attorney may swear
• Russell v. State
  982 So. 2d 642· Fla.· 2008-05-01 ·cited 110×
  The Florida Supreme Court held that Crawford v. Washington does not apply to probation revocation proceedings, and that hearsay evidence coupled with non-hearsay corroborating testimony (such as observation of injury) may support revocation of probation if the totality of circums
• Smith v. United States
  343 F.2d 539· 5th Cir.· 1965-02-26 ·cited 87×
  The court affirmed the conviction, holding that the evidence was sufficient to support the jury's verdict for mail theft and forgery, and that the indictments were not defective.
• del Valle v. State
  80 So. 3d 999· Fla.· 2011-12-15 ·cited 86×
  The Florida Supreme Court resolved a conflict among district courts of appeal regarding the procedures and burden of proof required before a probationer's probation can be revoked for failure to pay restitution or costs. The court held that trial courts must inquire into the prob
• Jackson v. State
  421 So. 2d 15· Fla. 3d DCA· 1982-10-05 ·cited 86×
  The Florida appellate court reversed Jackson's conviction due to prosecutorial misconduct during closing argument, where the prosecutor made improper personal attacks on defense counsel and asked jurors whether they would buy a used car from the defense attorney. The court used t
• United States v. Delker
  757 F.2d 1390· 3d Cir.· 1985-03-18 ·cited 84×
  The court held that the district court did not err in ordering pretrial detention, affirming the detention order.
• Griffin v. State
  526 So. 2d 752· Fla. 1st DCA· 1988-06-03 ·cited 74×
  Donald Griffin was convicted of lewd assault on a child based primarily on a four-year-old victim's testimony and out-of-court statements. The Florida appellate court reversed and remanded for a new trial, finding the trial court erred in determining the child's competency to tes
• Nat'l Labor Relations Bd. v. Remington Rand, Inc.
  130 F.2d 919· 2d Cir.· 1942-09-29 ·cited 74×
  The court, in a concurring opinion, suggests that the master system for reviewing labor relations cases is inefficient and that the Board should be responsible for collecting evidence.
• Tresvant v. State
  396 So. 2d 733· Fla. 3d DCA· 1981-03-13 ·cited 54×
  Albert Tresvant, the mayor of Opa-Locka, Florida, was convicted of bribery and unlawful compensation related to a public works contract. The appeal addressed whether co-conspirator hearsay statements are admissible when the conspiracy count is dismissed as insufficiently pleaded,
• Zannino v. Arnold
  531 F.2d 687· 3d Cir.· 1976-02-19 ·cited 52×
  The court held that while the Parole Board's discretion is broad, judicial review via habeas corpus can examine whether the Board's stated reasons for denying parole have a rational factual basis in the record.
• United States v. Branker
  395 F.2d 881· 2d Cir.· 1968-05-13 ·cited 49×
  The court held that the convictions of Branker, Lopez, Moore, and Ross should be affirmed, as no prejudice resulted from the joint trial.
• Jackson v. State
  419 So. 2d 394· Fla. 4th DCA· 1982-09-15 ·cited 47×
  George Jackson was convicted of indecent assault on a three-year-old child and sentenced to nine years in prison. The Fourth District Court of Appeal affirmed the conviction and sentence but remanded to vacate cost assessments imposed against an indigent defendant.
• United States v. Castellana
  349 F.2d 264· 2d Cir.· 1965-07-19 ·cited 46×
  The court, in part, dissented from the majority's decision, arguing for new trials for certain defendants based on statutory protections and the improper admission of evidence.
• United States v. Iaconetti
  540 F.2d 574· 2d Cir.· 1976-08-04 ·cited 44×
  The court held that statements made by an associate and attorney of a bribery victim were admissible under hearsay exceptions, and that the evidence was sufficient to sustain the conviction.
• Marcelino Martin-Mendoza v. Immigr. & Naturalization Serv.
  499 F.2d 918· 9th Cir.· 1974-07-01 ·cited 44×
  The court held that the petitioner's deportation order was valid, rejecting claims of insufficient efforts to locate a witness, improper use of an affidavit, lack of an 'entry', and denial of appointed counsel.
• United States v. Spanos
  462 F.2d 1012· 9th Cir.· 1972-05-04 ·cited 44×
  The court held that the evidence was insufficient to prove the charged conspiracy, as it only demonstrated individual sales and attempts to purchase, not a concert of purpose to resell.
• United States v. Roscoe Emory Dean, Jr.
  666 F.2d 174· 5th Cir.· 1982-01-22 ·cited 42×
  The court held that the evidence was sufficient to convict both defendants of conspiracy to import narcotics, but vacated two of Dean's conspiracy convictions due to insufficient evidence of separate agreements. Bigley's firearms conviction was affirmed.
• Thomas v. State
  581 So. 2d 992· Fla. 2d DCA· 1991-06-28 ·cited 39×
  James B. Thomas appealed a restitution order of $8,500 imposed after he pled nolo contendere to burglary and grand theft. The Florida District Court of Appeal reversed, finding the state failed to present sufficient competent evidence to support the restitution amount because hea
• Fuller v. State
  540 So. 2d 182· Fla. 5th DCA· 1989-03-16 ·cited 38×
  David Allen Fuller was convicted of sexual battery on a child under 12 and lewd and lascivious assault on a child. The Florida appellate court reversed and remanded for a new trial due to multiple fundamental errors that infected the trial proceedings and violated Fuller's right
• Errol Resnick v. State
  287 So. 2d 24· Fla.· 1973-11-07 ·cited 37×
  Errol Resnick was convicted of first-degree murder for hiring two men to kill Eugene Walker, an undercover police agent. His death sentence was previously reduced to life imprisonment under Furman v. Georgia, and this appeal addresses whether the co-conspirator rule was properly
• Correll v. Dugger
  558 So. 2d 422· Fla.· 1990-03-16 ·cited 36×
  Correll challenges his conviction for first-degree murder of four persons and death sentence through habeas corpus and a motion for postconviction relief claiming ineffective assistance of counsel. The Florida Supreme Court rejects all of Correll's claims, finding them either wit
• White v. State
  301 So. 2d 464· Fla. 1st DCA· 1974-10-15 ·cited 36×
  Hearsay testimony is not properly admissible in probation revocation proceedings, and a revocation judgment cannot be sustained solely on hearsay evidence.
• McCLAIN v. State
  356 So. 2d 1256· Fla. 2d DCA· 1978-02-22 ·cited 35×
  McCLain challenges his enhanced sentence as an habitual felony offender under Florida law, arguing the evidence was not presented with proper confrontation rights and specific findings were not made. The court affirms the sentence but remands for resentencing to correct defects i
• Chandler v. State
  534 So. 2d 701· Fla.· 1988-12-08 ·cited 34×
  Jim Eric Chandler appeals his death sentences imposed on resentencing after his initial death sentences were vacated due to improper juror excusal. The Florida Supreme Court affirms the death sentences, rejecting Chandler's constitutional challenges to the sentencing statute and
• United States v. Zavala-Serra
  853 F.2d 1512· 9th Cir.· 1988-08-11 ·cited 34×
  The court held that co-conspirator statements were admissible and that Zavala lacked standing to challenge the constitutionality of the statute as applied to others.
• United States v. Pilling
  721 F.2d 286· 10th Cir.· 1983-10-04 ·cited 34×
  The court held that there was sufficient evidence to sustain the jury's guilty verdicts for conspiracy to import cocaine, and that the trial court properly admitted co-conspirator hearsay testimony after finding independent evidence of the conspiracy.
• Lukas E. Hoska, III v. United States Dep't OF THE Army
  677 F.2d 131· D.C. Cir.· 1982-04-30 ·cited 33×
  The court held that the Merit Systems Protection Board's decision affirming the revocation of petitioner's security clearance was not supported by substantial evidence.
• In re Commitment: John R. Cartwright. John R. Cartwright v. State
  870 So. 2d 152· Fla. 2d DCA· 2004-01-21 ·cited 32×
  John R. Cartwright appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act. The Second District Court of Appeal affirms the commitment order, holding that the statutory framework does not violate constitutional protections and that Cartwright's
• Cookish v. Cunningham
  787 F.2d 1· 1st Cir.· 1986-03-20 ·cited 32×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel, quashing subpoenas, or in its ultimate denial of relief, as no exceptional circumstances were demonstrated.
• United States v. Hunt
  749 F.2d 1078· 4th Cir.· 1984-11-28 ·cited 32×
  The court held that hearsay evidence, though generally inadmissible to prove predisposition, may be admitted to show the reasonableness and good faith of a government investigation when the defendant challenges the investigation's conduct.
• State v. Raphael Morales
  460 So. 2d 410· Fla. 2d DCA· 1984-11-14 ·cited 30×
  Florida's Second District Court of Appeal clarified the test for admitting co-conspirator hearsay statements in criminal prosecutions, holding that such statements require substantial independent evidence at an initial evidentiary hearing and preponderance of the evidence at the
• Johnson v. Dep't of Health & Rehabilitative Servs.
  546 So. 2d 741· Fla. 1st DCA· 1989-06-30 ·cited 27×
  Annette Johnson appealed a Department of Health and Rehabilitative Services order disqualifying her from the food stamp program for six months based on an alleged intentional violation involving unreported income. The court reversed because HRS failed to establish by clear and co
• Somsak Hoonsilapa v. Immigr. & Naturalization Serv.
  575 F.2d 735· 9th Cir.· 1978-05-23 ·cited 27×
  The court held that documents obtained after an illegal arrest are admissible if they are from independent sources or voluntary subsequent actions, and hearsay is admissible in deportation proceedings if probative and fundamentally fair.
• Rivera v. State
  995 So. 2d 191· Fla.· 2008-06-12 ·cited 26×
  Michael Rivera, a death row inmate, appealed the trial court's summary denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the dismissal of Rivera's judicial bias claims but remanded for evidentiary hearings on his Brady/Giglio claims reg
• Delks v. State
  622 So. 2d 624· Fla. 2d DCA· 1993-08-13 ·cited 26×
  Robert Delks appeals a restitution order for grand theft, arguing the state failed to prove the full amount of victim damages. The court agreed, reducing the restitution obligation from $4,000 to $3,000 because the state failed to meet its burden of proving the disputed $1,000 by
• Johnson v. United States
  628 F.2d 187· D.C. Cir.· 1980-05-08 ·cited 26×
  The court held that the Civil Service Commission properly considered hearsay evidence, that substantial evidence supported the employee's removal, and that the lack of subpoena power did not violate due process rights.
• Williams v. State
  560 So. 2d 1304· Fla. 1st DCA· 1990-04-27 ·cited 25×
  Craig Williams was convicted of two counts of sexual battery on a five-year-old child. The court affirmed the conviction for penile sexual battery but reversed the conviction for digital sexual battery because the victim's trial testimony contradicted his prior out-of-court state
• United States v. Kindred
  918 F.2d 485· 5th Cir.· 1990-11-20 ·cited 24×
  The court held that admitting a urinalysis report through a probation officer's testimony does not violate the Sixth Amendment in a revocation hearing, and that revocation can be based on pre-modification violations if supported by evidence and mandated by statute.
• Sylvina Juste v. Dep't of Health & Rehabilitative Servs.
  520 So. 2d 69· Fla. 1st DCA· 1988-02-08 ·cited 24×
  Sylvina Juste appeals a food stamp program disqualification based on alleged unreported earned income. The Florida First District Court of Appeal reverses the disqualification, holding that the hearing officer's decision was unsupported by clear and convincing evidence because it
• United States v. Simmons
  812 F.2d 561· 9th Cir.· 1987-03-12 ·cited 24×
  The court held that the defendant did not receive adequate notice that his conduct of threatening to leave a psychiatric facility would result in probation revocation.
• Thomas v. State
  760 So. 2d 1138· Fla. 5th DCA· 2000-07-07 ·cited 23×
  Leon Thomas appealed the revocation of his probation based on two alleged violations: changing his residence without permission and committing sexual battery against his five-year-old son. The court reversed, finding the state failed to prove the residence violation was willful a
• Reil v. The United States
  456 F.2d 777· Ct. Cl.· 1972-03-17 ·cited 22×
  The court held that the plaintiff's removal was not supported by substantial evidence, as the hearsay statements relied upon lacked sufficient credibility and authentication, and the specific charge of 'promotion of gambling' was not proven.
• Wall v. Unemployment Appeals Comm'n
  682 So. 2d 1187· Fla. 4th DCA· 1996-11-13 ·cited 20×
  This appeal addresses whether an employee's resignation due to safety concerns constitutes good cause under Florida unemployment compensation law. The court reversed the Unemployment Appeals Commission's denial of benefits, holding that the referee's findings regarding reasonable
• United States v. 1964 Beechcraft Baron Aircraft
  691 F.2d 725· 5th Cir.· 1982-11-12 ·cited 20×
  The court held that the aircraft was subject to forfeiture because it was used to facilitate the transportation of a controlled substance precursor, and hearsay evidence is admissible to establish probable cause for forfeiture.
• United States v. Buschman
  527 F.2d 1082· 7th Cir.· 1976-01-07 ·cited 20×
  The court held that a trial court did not abuse its discretion in refusing to give a cautionary instruction regarding hearsay testimony at the time it was admitted, provided the jury receives a complete and correct instruction later and there is no manifest prejudice to the defen
• Jones v. City OF Hialeah
  294 So. 2d 686· Fla. 3d DCA· 1974-04-02 ·cited 20×
  The court held that while hearsay evidence was admitted, it was not prejudicial error in this specific case, and the charges against the officers were sufficiently clear.
• Anderson v. Tway
  143 F.2d 95· 6th Cir.· 1944-06-12 ·cited 20×
  The court held that the denial of a new trial based on newly discovered evidence that only affects a witness's credibility is not an abuse of discretion.
• Carter v. State
  82 So. 3d 993· Fla. 1st DCA· 2011-08-15 ·cited 18×
  The court held that the state failed to present sufficient competent, non-hearsay evidence to prove the probationer used or possessed cocaine.