Hearsay Evidence Admissibility

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

• Verni v. State
  536 So. 2d 1162· Fla. 2d DCA· 1988-12-30 ·cited 18×
  Robert Verni appeals his convictions and sentences for trafficking in cocaine and conspiracy to traffic in cocaine. The appellate court affirmed the trafficking conviction but reversed the conspiracy conviction due to a Bruton violation in admitting an unconfronted codefendant's
• United States v. Penn
  721 F.2d 762· 11th Cir.· 1983-12-19 ·cited 18×
  The court held that the admission of hearsay evidence in a probation revocation proceeding was permissible when it was reliable and there was good cause for not allowing confrontation, and that the trial court did not abuse its discretion in revoking probation based on this evide
• United States v. Leola Harshaw
  705 F.2d 317· 8th Cir.· 1983-04-21 ·cited 18×
  The court held that it has jurisdiction to hear the government's appeal from a mistrial order because the mistrial effectively ended the trial and was declared at the defendant's request, thus not violating double jeopardy principles.
• Couch v. State
  341 So. 2d 285· Fla. 2d DCA· 1977-01-19 ·cited 18×
  The court held that a probation revocation cannot be based solely on hearsay evidence.
• Anderson v. Gustav Pieper
  442 F.2d 982· C.C.P.A.· 1971-05-27 ·cited 18×
  The court held that the deceased Merckling's authenticated notebook entries, relied upon for corroboration of a single point, were sufficient under the rule of reason to establish actual reduction to practice.
• Forehand v. Sch. Bd. OF Gulf Cnty.
  600 So. 2d 1187· Fla. 1st DCA· 1992-05-26 ·cited 16×
  A Florida appellate court vacated a school board's order suspending a fifth-grade teacher for ten days without pay, finding that the teacher was denied a fair hearing due to the board's attorney serving in the dual conflicting roles of prosecutor and legal advisor, and that two o
• Doersam v. Brescher
  468 So. 2d 427· Fla. 4th DCA· 1985-05-01 ·cited 15×
  This appeal challenges a trial court's forfeiture of Doersam's automobile based on alleged criminal use. The court reversed, holding that hearsay evidence cannot support a forfeiture judgment and that the Sheriff failed to meet his burden of proof using only competent evidence.
• Young v. State
  742 So. 2d 418· Fla. 5th DCA· 1999-09-10 ·cited 14×
  Young appealed his probation revocation, challenging whether the trial court could revoke probation based primarily on hearsay testimony from an investigating officer recounting the victim's account of a hostile contact incident. The court affirmed, holding that hearsay evidence
• Rhue v. State
  693 So. 2d 567· Fla. 2d DCA· 1996-12-13 ·cited 14×
  Ronald Rhue was convicted of capital sexual battery after jury trial, but on appeal of his postconviction motion, the court found trial counsel was ineffective for failing to object to multiple instances of witnesses vouching for the child victim's credibility. The court reversed
• Miller v. Keating
  754 F.2d 507· 3d Cir.· 1985-02-11 ·cited 14×
  The court held that a statement by an unidentified declarant, admitted as an excited utterance, was inadmissible because the proponent failed to demonstrate the declarant had personal knowledge of the event and was under the stress of excitement.
• Poirier v. Division OF Health
  351 So. 2d 50· Fla. 1st DCA· 1977-08-05 ·cited 14×
  A hearing aid dealer challenged the suspension of his license for selling rebuilt hearing aids as new, permitting unregistered employees to sell hearing aids, and failing to provide proper receipts. The appellate court found procedural errors, reduced some charges to lack guilty
• Mathilde Rocker v. Celebrezze
  358 F.2d 119· 2d Cir.· 1966-03-08 ·cited 13×
  The court held that for Social Security purposes, Norma, not Mathilde, was Louis Rocker's wife on January 8, 1963, and thus entitled to benefits.
• Jens Peter Hansen v. State
  585 So. 2d 1056· Fla. 1st DCA· 1991-09-04 ·cited 12×
  Hansen appeals his conviction for first-degree murder and burglary, arguing the trial court made erroneous evidentiary rulings regarding his insanity defense. The court affirms the conviction and life sentence, finding the trial judge properly managed the admission of evidence an
• Sherman v. Alexander
  684 F.2d 464· 7th Cir.· 1982-07-07 ·cited 12×
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal was supported by substantial evidence and was not arbitrary or capricious, affirming the removal.
• Nat'l Labor Relations Bd. v. Int'l HOD Carriers'
  228 F.2d 589· 2d Cir.· 1955-12-22 ·cited 12×
  The court held that the Special Master's findings were not clearly erroneous and affirmed them, adjudging the respondents in civil contempt but not criminal contempt.
• Minor Platt, Jr. v. State
  201 So. 3d 775· Fla. 4th DCA· 2016-09-28 ·cited 11×
  Minor Platt, Jr., was convicted of sexual battery of a child while in a position of familial or custodial authority. The Florida District Court of Appeal reversed his conviction, holding that the trial court committed reversible error by failing to make specific factual findings
• Carter v. State
  115 So. 3d 1031· Fla. 4th DCA· 2013-06-05 ·cited 11×
  Jeffrey Carter was convicted of two counts of aggravated battery for attacking two homeless individuals with a knife. The Fourth District Court of Appeal affirmed the justifiable use of deadly force jury instruction but reversed and remanded for a new trial due to the erroneous a
• McDANIEL v. State
  24 So. 3d 654· Fla. 2d DCA· 2009-12-11 ·cited 11×
  Harold McDaniel was convicted of aggravated battery with a deadly weapon after striking a victim with a machete. The appellate court reversed his conviction and remanded for a new hearing on his motion to dismiss, holding that the trial court applied the wrong legal standard when
• D.W.G. v. Dep't of Child. & Families
  833 So. 2d 238· Fla. 4th DCA· 2002-12-26 ·cited 11×
  A father appeals an order adjudicating his two minor sons dependent based on findings of sexual abuse of one child and domestic violence harmful to both children. The appellate court affirms, rejecting the father's claims of procedural due process violations, evidentiary errors,
• Pridgeon v. State
  662 So. 2d 1028· Fla. 1st DCA· 1995-11-21 ·cited 11×
  Billy Pridgeon appealed a denial of in-line-of-duty disability retirement benefits under Florida Statutes § 121.021(13) after suffering a work-related back injury in 1990. The court reversed and remanded, finding that the Retirement Commission failed to properly consider the tota
• Syrous Tashnizi v. Immigr. & Naturalization Serv.
  585 F.2d 781· 5th Cir.· 1978-12-07 ·cited 11×
  The court held that the Board of Immigration Appeals' determination of unauthorized employment was supported by substantial evidence, affirming the deportation order.
• Bellsouth Advertising & Publ'g Corp. v. Unemployment Appeals Comm'n & Robert J. Stack
  654 So. 2d 292· Fla. 5th DCA· 1995-05-05 ·cited 10×
  BellSouth Advertising appealed an unemployment benefits award to Robert Stack, a manager terminated for alleged misconduct. The Fifth District reversed and remanded, holding that while the investigative report was properly excluded as inadmissible hearsay under the business recor
• Cunanan v. Immigr. & Naturalization Serv.
  856 F.2d 1373· 9th Cir.· 1988-09-08 ·cited 10×
  The BIA abused its discretion by denying voluntary departure based on hearsay declarations without affording the alien a reasonable opportunity to cross-examine the declarant.
• Dep't OF Gen. Servs. v. English
  509 So. 2d 1198· Fla. 1st DCA· 1987-06-26 ·cited 10×
  The Department of General Services appealed an unemployment benefits decision, arguing that an employee (English) was properly denied benefits for misconduct when discharged for alcohol-related conduct at work. The First District Court of Appeal reversed the Unemployment Appeals
• Clayton v. State
  422 So. 2d 83· Fla. 2d DCA· 1982-11-19 ·cited 10×
  The revocation of probation was improper because it was based solely on hearsay testimony.
• United States v. Holton
  222 F.2d 840· 7th Cir.· 1955-06-01 ·cited 10×
  The court held that the Board of Immigration Appeals erred in reversing the Special Inquiry Officer's finding, as the deportation order was not based on reasonable, substantial, and probative evidence.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  964 F.2d 1308· 2d Cir.· 1992-05-27 ·cited 9×
  Internal union disciplinary sanctions imposed for knowing association with organized crime figures, based on reliable hearsay, are upheld.
• Giraldo v. Agency for Health Care Admin.
  208 So. 3d 244· Fla. 1st DCA· 2016-12-12 ·cited 8×
  In this Medicaid lien dispute, the Florida District Court of Appeal affirmed the Agency for Health Care Administration's (AHCA) right to recover a substantial portion of a tort settlement from a Medicaid beneficiary's recovery. The court held that AHCA may seek reimbursement not
• Bontrager v. State
  678 So. 2d 518· Fla. 1st DCA· 1996-08-28 ·cited 8×
• Silvia v. Cumberland Farms, Inc.
  588 So. 2d 1069· Fla. 4th DCA· 1991-11-13 ·cited 8×
  Dorothy Silvia appealed an unemployment compensation denial after being fired by Cumberland Farms for alleged theft. The Fourth District reversed, holding that the Unemployment Appeals Commission violated procedural fairness by failing to rule on Silvia's request to consider newl
• United States v. Rasmussen
  790 F.2d 55· 8th Cir.· 1986-05-09 ·cited 8×
  The court held that the district court did not abuse its discretion in excluding extrajudicial statements offered as statements against penal interest due to a lack of corroborating circumstances and clear indicia of reliability.
• United States v. Cy Carney, Jr.
  468 F.2d 354· 8th Cir.· 1972-10-10 ·cited 8×
  The court held that hearsay evidence, if not objected to, can be considered, and that circumstantial evidence, including conflicting statements and suspicious circumstances of acquisition, was sufficient to sustain a conviction for receiving a stolen vehicle.
• Dannie Stanford Holden, Jr. v. State
  90 So. 3d 902· Fla. 1st DCA· 2012-06-14 ·cited 7×
  In this Anders appeal, Appellant Holden challenged the trial court's denial of his motion to suppress his confession and the admission of child victim hearsay statements after pleading nolo contendere to attempted sexual battery and resisting an officer. The First District affirm
• Washington v. State
  973 So. 2d 611· Fla. 3d DCA· 2008-01-23 ·cited 7×
  The court held that the trial court did not abuse its discretion in admitting deposition testimony during civil commitment proceedings for a sexually violent predator, as the testimony was reliable and the witness was unavailable.
• Bernardino Cabrera v. State
  206 So. 3d 768· Fla. 1st DCA· 2016-11-09 ·cited 6×
  Bernardino Cabrera appealed his conviction for sexual battery on a child under twelve, challenging the trial court's admission of the child victim's hearsay statements from a forensic interview. The court affirmed, holding that the trial court properly admitted the statements und
• N.W. v. M.W.
  41 So. 3d 383· Fla. 2d DCA· 2010-07-30 ·cited 6×
  The Florida District Court of Appeal reversed a trial court's order granting the father unsupervised visitation with a five-year-old daughter in a dissolution of marriage case involving sexual abuse allegations. The court held that the trial court applied the wrong legal standard
• United States v. Rodriguez
  975 F.2d 404· 7th Cir.· 1992-09-18 ·cited 6×
  The court held that the district court erred in excluding coconspirator statements against Rodriguez, finding sufficient evidence to establish his membership in the conspiracy by a preponderance of the evidence.
• Wiley Frederick Nelson, Jr. v. State
  602 So. 2d 550· Fla. 2d DCA· 1992-01-24 ·cited 6×
  Wiley Nelson was convicted of first-degree murder and conspiracy to commit murder in a contract killing case. The appellate court reversed the conviction and remanded for a new trial because the trial judge improperly restricted Nelson's cross-examination of the state's key witne
• United States v. Bonnet
  882 F.2d 1360· 8th Cir.· 1989-08-23 ·cited 6×
  The court held that the district court did not err in denying the defendant's motions for a psychiatrist, in its procedure for determining the children's competency to testify, or in admitting certain hearsay statements under the residual exception.
• Celestine Pierre v. Conn. Gen. Life Ins. Company/Life Ins. Co. of N. Am.
  866 F.2d 141· 5th Cir.· 1989-02-23 ·cited 6×
  The court held that the denial of insurance benefits was not arbitrary and capricious, as it was based on substantial evidence, and affirmed the lower court's decision.
• United States v. Verbeke
  853 F.2d 537· 7th Cir.· 1988-07-27 ·cited 6×
  The court held that hearsay evidence is admissible at probation revocation hearings, and a defendant is not entitled to credit for time served on probation.
• United States v. Whalen
  844 F.2d 529· 8th Cir.· 1988-04-13 ·cited 6×
  The court held that the admission of Regina Brave's hearsay statement as a coconspirator statement was error, but it was harmless error because the evidence of guilt was otherwise strong and the statement did not substantially affect the jury's verdict.
• State v. Haynes
  453 So. 2d 926· Fla. 2d DCA· 1984-08-10 ·cited 6×
  The State challenged a pretrial order excluding hearsay statements of alleged co-conspirators in a first-degree murder case. The court held that hearsay statements by co-conspirators are admissible if made during the conspiracy in furtherance of its objectives and supported by in
• Hosea Lorenzo Williams v. Melton
  733 F.2d 1492· 11th Cir.· 1984-06-07 ·cited 6×
  The admission of hearsay statements identifying the driver of a car, lacking adequate indicia of reliability, violated the defendant's Sixth Amendment right to confrontation and was not harmless error.
• Campbell v. Dep't OF Transp.
  735 F.2d 497· Fed. Cir.· 1984-05-18 ·cited 6×
  The court held that the agency did not commit procedural error in handling oral response requests and that the MSPB's decision sustaining the removals was not tainted by improper ex parte communications or advisory opinions.
• Diggin v. The United States
  661 F.2d 174· Ct. Cl.· 1981-09-23 ·cited 6×
  The court held that the agency's decision to demote the plaintiff was supported by substantial evidence and was not arbitrary or capricious, despite the supervisor's initial inflated performance rating.
• United States v. Gutierrez
  576 F.2d 269· 10th Cir.· 1978-05-04 ·cited 6×
  The court held that the evidence was sufficient to support the jury's verdicts against Gutierrez and Zamora for conspiracy to distribute heroin, and that the trial court did not err in admitting challenged evidence or denying severance.
• United States v. Brooks
  477 F.2d 453· 5th Cir.· 1973-04-25 ·cited 6×
  The court held that the trial court did not err in admitting hearsay evidence regarding reputation when entrapment is asserted and that the government is not required to disclose informant identities in such cases.
• Trujillo v. Eliot L. Richardson
  429 F.2d 1149· 10th Cir.· 1970-08-20 ·cited 6×
  The court held that the Secretary's determination of no disability was supported by substantial evidence, and hearsay medical reports were admissible if probative.
• McNeal v. State
  76 Fla. 200· Fla.· 1918-08-08 ·cited 6×
  W. J. McNeal was indicted and convicted of deserting his wife and withholding means of support, a statutory offense in Florida. He appealed on grounds that certain testimony was improperly excluded and that the verdict lacked evidentiary support, but the Florida Supreme Court aff