Hearsay Evidence Admissibility

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

• Ratliff v. State
  970 So. 2d 939· Fla. 4th DCA· 2008-01-02 ·cited 5×
  Michael Ratliff appeals the revocation of his probation for possession of oxycodone and possession with intent to sell. The Fourth District Court of Appeal reversed, finding that the state's case rested almost entirely on inadmissible hearsay evidence without sufficient non-hears
• Dieguez v. Dept. of Law Enf't
  947 So. 2d 591· Fla. 3d DCA· 2007-01-03 ·cited 5×
  Jesse Dieguez, a certified police officer, appeals the revocation of his law enforcement certification by the Criminal Justice Standards and Training Commission based on allegations of lewd and lascivious conduct with a minor stepdaughter. The court affirmed the revocation, findi
• State v. Mariano Romanez
  543 So. 2d 323· Fla. 3d DCA· 1989-05-09 ·cited 5×
  The State of Florida sought certiorari review of a trial court's order excluding hearsay statements from a five-year-old child sexual abuse victim. The District Court of Appeal affirmed the exclusion, holding that the trial court properly found the statements unreliable under Flo
• Davis v. Mobil OIL Exploration & Producing Se., Inc.
  864 F.2d 1171· 5th Cir.· 1989-02-06 ·cited 5×
  The court held that Mobil's employee's statement was admissible as a party admission, the evidence was sufficient to support the jury's finding of Mobil's liability, but the award for future medical expenses was not supported by sufficient evidence.
• State v. I. B., Jr.
  366 So. 2d 186· Fla. 1st DCA· 1979-01-22 ·cited 5×
  The State appealed the release of two juveniles from custody following a detention hearing, arguing the trial judge erred by excluding hearsay evidence. The Florida appellate court held that hearsay evidence is admissible at juvenile detention hearings to the extent of its probat
• Peace Lutheran Church v. State
  906 So. 2d 1197· Fla. 4th DCA· 2005-07-20 ·cited 4×
  Peace Lutheran Church appeals a decision awarding unemployment benefits to former childcare worker Beth Comanic. The court reverses, holding that Comanic is not entitled to unemployment benefits because both her employers—the Peace Child Care Center, Inc. and the Church itself—qu
• State v. Cesareo Brea
  545 So. 2d 954· Fla. 3d DCA· 1989-06-27 ·cited 4×
  The State of Florida appealed an order suppressing inculpatory statements made by an alleged coconspirator. The appellate court reversed, holding that the coconspirator's acquittal due to entrapment does not render their statements inadmissible against the defendant under the hea
• Sonesta Beach Hotel & Aetna Cas. & Sur. Co. v. Hinckley
  483 So. 2d 102· Fla. 1st DCA· 1986-02-13 ·cited 4×
  The Florida Court of Appeal affirmed an award of attorney's fees to a workers' compensation claimant under both the "bad faith" and "wrongful controversion" provisions of Florida Statutes § 440.34(3). The court rejected the employer/carrier's argument that these two statutory gro
• Nat'l Labor Relations Bd. v. Sherwood Trucking Co.
  775 F.2d 744· 6th Cir.· 1985-10-28 ·cited 4×
  The court denied enforcement of the NLRB's order because there was not substantial evidence to support the finding that Phillips was a supervisor at the critical times, rendering statements about union affiliation inadmissible hearsay and failing to establish unlawful discriminat
• Scott v. State
  406 So. 2d 100· Fla. 3d DCA· 1981-11-24 ·cited 4×
  Probation revocation reversed because the sole evidence of violations consisted exclusively of hearsay statements from third parties, which is insufficient under Florida law.
• Duvall v. The United States
  647 F.2d 131· Ct. Cl.· 1981-04-22 ·cited 4×
  The court held that the Merit Systems Protection Board's decision upholding the removal of plaintiff from government employment was not supported by substantial evidence, as the evidence relied upon was primarily uncorroborated hearsay with questionable reliability.
• Jones v. State
  227 So. 2d 326· Fla. 4th DCA· 1969-10-29 ·cited 4×
  Jones challenges his rape conviction on grounds that co-defendants' confessions were admitted at trial without those defendants testifying, violating his Sixth Amendment right to confront witnesses. The court affirmed his conviction, finding that even though admission of the co-c
• Peterson v. Gaughan
  404 F.2d 1375· 1st Cir.· 1968-12-19 ·cited 4×
  The court held that the petitioner waived his right to challenge the admission of hearsay evidence by failing to move to strike it after conditional admission, and that the statutory definition of a sexually dangerous person and the equal protection claims lacked merit.
• Wright v. State
  317 So. 3d 237· Fla. 3d DCA· 2021-03-03 ·cited 3×
  The trial court properly admitted collateral crimes evidence to prove identity based on ballistic analysis linking the same firearm used in multiple robberies, and any evidentiary errors were harmless beyond a reasonable doubt given Wright's detailed recorded confession to the su
• Faulk v. State
  743 So. 2d 1183· Fla. 1st DCA· 1999-10-27 ·cited 3×
• Strohm v. State
  84 So. 3d 1181· Fla. 4th DCA· 2012-04-04 ·cited 2×
  Scott Strohm appeals his conviction for capital sexual battery against a minor following a second trial ordered due to evidentiary errors in his first trial. The court affirms the conviction, rejecting challenges to jury selection, hearsay testimony, expert witness testimony, pro
• Avalons Assisted Living, LLC v. Agency for Health Care Admin.
  80 So. 3d 347· Fla. 1st DCA· 2011-11-30 ·cited 2×
  Avalon's Assisted Living challenged the Agency for Health Care Administration's revocation of its licenses and denial of renewal applications based on alleged unlicensed operation of a third facility (Avalon III). The appellate court reversed the agency's order, finding that the
• State v. Patterson
  966 So. 2d 471· Fla. 2d DCA· 2007-10-12 ·cited 2×
  The State appeals the postconviction court's grant of a new trial for Thomas Wayne Patterson based on ineffective assistance of trial counsel. The appellate court reverses, holding that Patterson failed to establish either deficient performance or prejudice under Strickland v. Wa
• Evans v. Seagraves
  922 So. 2d 318· Fla. 1st DCA· 2006-02-22 ·cited 2×
  Tony Evans Jr. petitioned for habeas corpus relief after a trial court found probable cause at an adversary preliminary hearing based solely on hearsay testimony. The Florida First District Court of Appeal granted the petition, holding that hearsay evidence alone cannot satisfy t
• Padron Warehouse v. Realty Assocs. Fund III
  377 F. Supp. 2d 1259· S.D. Fla.· 2005-07-14 ·cited 2×
  The court granted summary judgment for Realty on PWC's claims, finding no genuine issue of material fact regarding the shareholders' agreement and applying the statute of limitations.
• Barychko v. State
  837 So. 2d 491· Fla. 4th DCA· 2003-01-03 ·cited 2×
  Michael Barychko appealed the summary denial of his rule 3.850 post-conviction motion alleging ineffective assistance of counsel. The court affirmed in part but reversed and remanded regarding three claims involving counsel's handling of hearsay evidence and a suppression motion,
• P.D. v. State
  666 So. 2d 968· Fla. 3d DCA· 1996-01-10 ·cited 2×
  P.D., a juvenile, appeals his adjudication of delinquency for committing a lewd and lascivious act. The appellate court affirmed the conviction, rejecting challenges to the charging petition, sufficiency of evidence, admission of child hearsay testimony, constitutional validity o
• Cherryhomes v. State
  635 So. 2d 985· Fla. 2d DCA· 1994-04-15 ·cited 2×
  George Cherryhomes appeals his conviction for capital sexual battery of his daughter, challenging the admission of his seven-year-old daughter's hearsay statements describing sexual abuse and his own incriminating statement to police. The court reverses, holding that a child's in
• In the Interest of A.P.
  624 So. 2d 340· Fla. 1st DCA· 1993-09-10 ·cited 2×
  The court held that the juvenile dependency proceedings were fundamentally unfair to the appellant, violating his due process rights, and therefore reversed the adjudication and disposition orders.
• Cebollero v. Commissioner OF Internal Revenue
  967 F.2d 986· 4th Cir.· 1992-06-19 ·cited 2×
  The court held that the tax court did not err in refusing to shift the burden of proof to the Commissioner and in admitting evidence of the revenue agent's telephone call.
• Rosenfeld v. Crim. Just. Standards & Training Comm'n
  541 So. 2d 745· Fla. 3d DCA· 1989-04-11 ·cited 2×
  Patricia Rosenfeld, a police officer, challenged the revocation of her law enforcement certification by the Criminal Justice Standards and Training Commission. The Commission found she violated the good moral character requirement by accepting $20,000 in cash from a friend, knowi
• Gholston v. Jones
  848 F.2d 1156· 11th Cir.· 1988-07-07 ·cited 2×
  The court held that the parole revocation was constitutionally sound, as the parolee had waived certain rights and the supervisor's report, containing an admission, was sufficiently reliable.
• United States v. Welsh
  774 F.2d 670· 4th Cir.· 1985-10-15 ·cited 2×
  The court held that the district court correctly determined that the proffered hearsay statements were not more probative than other available evidence, and thus were inadmissible under Fed.R.Evid. 804(b)(5).
• Drotzur v. State
  372 So. 2d 515· Fla. 4th DCA· 1979-06-27 ·cited 2×
  In a case of first impression, the court held that while hearsay evidence is admissible in waiver of jurisdiction hearings, an involuntary waiver to adult criminal court requires substantial direct inculpatory evidence against the juvenile, not hearsay alone.
• O'Brien v. Rozman
  554 F.2d 780· 6th Cir.· 1977-05-03 ·cited 2×
  Hearsay evidence is admissible in U.S. extradition proceedings under 18 U.S.C. § 3184, and the admissibility is governed by U.S. law, not foreign law.
• Amilios Glaros v. Immigr. & Naturalization Serv.
  416 F.2d 441· 5th Cir.· 1969-09-12 ·cited 2×
  The court held that the record of conviction was unambiguous and substantial, supporting the Board of Immigration Appeals' determination that the petitioner's offenses involved moral turpitude and did not arise from a single scheme of misconduct.
• Manan Land v. State
  71 Fla. 270· Fla.· 1916-03-01 ·cited 2×
  Manan Land was convicted of unlawfully withholding support from his wife and infant child under Florida statute. The Florida Supreme Court affirmed the conviction, holding that a husband who enjoys the privileges of marital status must bear its responsibilities regardless of age,
• Aldonia Mootry v. Bethune-Cookman Univ., Inc.
  279 So. 3d 207· Fla. 5th DCA· 2019-08-02 ·cited 1×
  The trial court erred in permitting BCU's counsel to argue during closing that the jury did not have access to all the evidence BCU possessed and that this lack of evidence was unfair to BCU, as such argument improperly suggested additional favorable evidence existed and violated
• D.D. v. State
  271 So. 3d 1176· Fla. 3d DCA· 2019-04-24 ·cited 1×
  A trial court must enter a written order specifying the particular conditions of probation that were violated when revoking a juvenile's probation.
• Keener Constr. Co. & Cincinnati Ins. v. Simpson
  578 So. 2d 1137· Fla. 1st DCA· 1991-04-29 ·cited 1×
  Keener Construction and its insurer appealed a workers' compensation award of death benefits for an employee who died of lung cancer, claiming the judge erred in finding a causal relationship to occupational asbestos exposure and in applying statutory presumptions to an occupatio
• Crossin v. State
  244 So. 2d 142· Fla. 4th DCA· 1971-02-17 ·cited 1×
  Thomas Crossin appeals the revocation of his probation and imposition of a five-year prison sentence for violating conditions of probation (failing to report, changing residence without consent, and dishonesty with his supervisor). The court affirmed, holding that probation revoc
• Rhodes v. State
  Fla.· 2026-10-22
  The State did not violate Brady by failing to disclose the affidavits of Cottrell and Duranseau because the postconviction court properly found them not credible, and even if the evidence had been disclosed, the substantial evidence of guilt established materiality was lacking. T
• Quigley v. State
  Fla. 3d DCA· 2025-04-09
  Revocation of probation may be based on hearsay evidence that falls within an exception to the hearsay rule, including business records and evidence of absence of entries in regularly conducted business activity.
• Cooper v. State
  Fla. 1st DCA· 2024-08-07
  Trial counsel rendered ineffective assistance by failing to object to inadmissible hearsay testimony regarding the amount of damages, which was the State's only evidence of an essential element of the burglary charge. The deficient performance was prejudicial because there was a
• Gibson v. State
  Fla. 2d DCA· 2024-02-23
  Hearsay evidence alone cannot support a probation violation finding, and reversal of one violation ground need not require a new revocation hearing when the record shows the court would revoke probation based on the remaining violations.
• Teovski v. United States Citizenship & Immigr. Servs.
  M.D. Fla.· 2023-10-30
  The court held that USCIS's denial of the visa petition was not arbitrary or capricious and was supported by substantial evidence, as the plaintiff failed to rebut evidence of prior marriage fraud.
• Stephens v. State
  Fla. 1st DCA· 2022-01-12
  The appellate court affirmed the convictions of Roy Allen Stephens for first-degree murder, aggravated child abuse, and aggravated manslaughter of a child, stemming from the starvation death of his infant daughter. The court found sufficient evidence to support the jury's verdict
• Dep't of Child. & Families v. Manners
  Fla. 5th DCA· 2021-09-29
  The Florida Fifth District Court of Appeal reversed a trial court's dismissal of the Department of Children and Families' petition for a child abuse injunction, holding that section 39.504(3) permits courts to consider hearsay evidence at injunction hearings—including a child's s
• Dalton Ray Miller v. State
  Fla. 1st DCA· 2021-04-23
  Dalton Ray Miller appealed the revocation of his probation after the trial court found he violated probation by committing two new criminal offenses. The Florida First District Court of Appeal affirmed the revocation, holding that the State met its burden of proof through a combi
• Travion McKnight v. State
  Fla. 3d DCA· 2020-08-12
• PB Legacy, Inc. v. Am. Mariculture, Inc.
  M.D. Fla.· 2020-05-05
  The court held that the third-party defendant, Randall Aungst, was entitled to summary judgment because the plaintiff failed to present evidence that Aungst made a false statement of material fact regarding the validity of a Chinese contract.
• Hallman v. State
  Fla. 1st DCA· 2019-07-23
  Brian Hallman appealed four probation revocation orders based on alleged violations for dealing in stolen property. The court reversed all four revocations because they were based solely on hearsay evidence, which violates Florida law requiring direct, non-hearsay evidence when r
• Hallman v. State
  Fla. 1st DCA· 2019-07-23
  Brian A. Hallman appeals four consolidated probation revocation orders based on alleged violations for dealing in stolen property. Both the appellant and the State concede that the revocation was improperly based solely on hearsay evidence. The court reverses and remands the orde
• Williams v. State
  244 So. 3d 318· Fla. 4th DCA· 2018-04-25
  In a Jimmy Ryce civil commitment proceeding, the trial court abused its discretion by admitting hearsay evidence of three prior incidents that lacked indicia of reliability: two cases where the State filed no charges and one where the defendant was acquitted of the sexual charge.
• State v. Robinson
  9th Cir. Ct. App. Div.· 2014-03-02
  The State of Florida appeals a trial court's order granting a motion to suppress evidence in a DUI case. The appellate court reverses, holding that hearsay evidence from a civilian witness is admissible at suppression hearings and that the Sixth Amendment confrontation right does