Public Records Exception

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

• United States v. Oates
  560 F.2d 45· 2d Cir.· 1977-06-03 ·cited 256×
  The court held that the chemist's report and worksheet were inadmissible hearsay under the Federal Rules of Evidence, requiring reversal and a new trial.
• Ventura v. State
  29 So. 3d 1086· Fla.· 2010-02-18 ·cited 109×
  The Florida Supreme Court reversed a Third District Court of Appeal decision affirming a defendant's prison-releasee-reoffender sentence on two grounds: (1) the appellate court improperly relied on a rejected rule regarding authentication of DOC release-date letters, though the u
• Ives v. State
  993 So. 2d 117· Fla. 4th DCA· 2008-10-22 ·cited 109×
  A procedural error in qualifying a defendant for an enhanced sentence, where the sentence could legally be imposed, does not warrant postconviction relief without a showing of prejudice.
• Fla. Power & Light Co. v. Bridgeman
  133 Fla. 195· Fla.· 1938-02-14 ·cited 99×
  This wrongful death action arose from the electrocution of a widow who came into contact with a downed high-voltage power line following an automobile accident that struck a utility pole. The Florida Supreme Court affirmed a jury verdict for the minor children, holding that the u
• Am. Motors Corp. v. Ellis
  403 So. 2d 459· Fla. 5th DCA· 1981-08-12 ·cited 89×
  American Motors Corporation appeals a jury verdict finding it liable for defective fuel tank design in a 1974 Ambassador that caught fire after a rear-end collision, while plaintiffs cross-appeal the directed verdict denying punitive damages. The court reverses and remands for a
• Burgess v. State
  831 So. 2d 137· Fla.· 2002-10-17 ·cited 86×
  The Florida Supreme Court held that trial courts cannot rely on sworn arrest reports in the court file as a matter of law to determine whether consecutive habitual offender sentences are illegal under Hale v. State. The Court answered a certified question of great public importan
• United States v. Grady
  544 F.2d 598· 2d Cir.· 1976-10-27 ·cited 83×
  The court held that the superseding indictment was not time-barred, the false entries statute was violated, Irish police records were admissible, subsequent similar acts testimony was properly admitted, and jury instructions on aiding and abetting unlawful export were adequate.
• Marks v. Prattco, Inc.
  607 F.2d 1153· 5th Cir.· 1979-12-07 ·cited 75×
  The court affirmed the finding of employment discrimination and the award of attorney's fees, but remanded for recalculation of back pay. The court also affirmed the amendment of the complaint to substitute the correct party.
• United States v. Sullivan
  919 F.2d 1403· 10th Cir.· 1990-11-16 ·cited 67×
  The evidence was sufficient for a reasonable jury to conclude Mary Sullivan 'used' a firearm during the commission of a felony, satisfying 18 U.S.C. § 924(c)(1).
• United States v. Wilson
  690 F.2d 1267· 9th Cir.· 1982-10-26 ·cited 65×
  The court held that the defendant was denied his Sixth Amendment right to self-representation and meaningful access to the court, warranting reversal.
• Koonce v. Quaker Safety Prods. & Mfg. Co.
  798 F.2d 700· 5th Cir.· 1986-08-15 ·cited 52×
  The court held that under Texas law, a defendant seeking indemnity or contribution from a third-party joint tortfeasor is not barred by the statute of limitations, even if the plaintiff's direct claim against the third party is time-barred.
• United States v. Abimel Caraballo
  595 F.3d 1214· 11th Cir.· 2010-01-27 ·cited 49×
  Abimel Caraballo was convicted of alien smuggling and related offenses after law enforcement discovered eleven undocumented aliens hidden in the cabin of a fishing boat he owned. The Eleventh Circuit affirmed his convictions and 46-month sentence, rejecting his challenges to the
• Baker v. Elcona Homes Corp. & Joseph L. Slabach
  588 F.2d 551· 6th Cir.· 1978-12-08 ·cited 41×
  The court held that the police accident report was admissible under the public records exception to the hearsay rule, and other alleged errors were either harmless or properly submitted to the jury.
• Belvin v. State
  922 So. 2d 1046· Fla. 4th DCA· 2006-03-08 ·cited 39×
  Bruce Belvin challenges his DUI conviction based on the admission of a breath test affidavit without the opportunity to cross-examine the breath test technician. The Fourth District Court of Appeal grants certiorari, holding that portions of the breath test affidavit describing t
• Jenkins v. Whittaker Corp.
  785 F.2d 720· 9th Cir.· 1986-03-24 ·cited 39×
  The court held that the district court properly asserted personal jurisdiction, correctly applied Hawaii law, and did not abuse its discretion in its evidentiary or jury instruction rulings regarding res ipsa loquitur and strict liability. However, the court reversed the denial o
• Stonewall Jackson v. State
  413 So. 2d 112· Fla. 2d DCA· 1982-04-23 ·cited 39×
  Stonewall Jackson was convicted of grand theft in the first degree for stealing a 37-foot sailboat worth over $20,000, despite the state failing to present direct evidence of the vessel's value. The appellate court addressed the novel question of whether a jury may find a defenda
• United States v. Marino Sanchez Martinez
  700 F.2d 1358· 11th Cir.· 1983-03-21 ·cited 36×
  The court held that the stopping, boarding, and seizure of the vessel were lawful, the United States had jurisdiction, the admission of a foreign document was proper, and the failure to give a specific cautionary instruction was harmless error.
• Nachtsheim v. Beech Aircraft Corp.
  847 F.2d 1261· 7th Cir.· 1988-05-26 ·cited 34×
  The court held that the district court did not abuse its discretion in excluding evidence of a prior similar accident and in redacting a portion of an incident report, as the evidence was not substantially similar or was unduly prejudicial.
• United States v. Zolla
  724 F.2d 808· 9th Cir.· 1984-01-24 ·cited 30×
  The court held that the IRS's presumption of correctness for tax deficiencies applies when based on disallowed deductions or credits, and that notices mailed to the taxpayer's last known address are valid even if not received.
• State v. Belvin
  986 So. 2d 516· Fla.· 2008-05-01 ·cited 29×
  The Florida Supreme Court held that portions of a breath test affidavit containing the technician's procedures and observations are testimonial evidence under Crawford v. Washington, and their admission without the technician's in-court testimony violates the Sixth Amendment's Co
• United States v. Yitchak Ijo Perlmuter
  693 F.2d 1290· 9th Cir.· 1982-12-02 ·cited 28×
• Lloyd v. Am. Exp. Lines, Inc.
  580 F.2d 1179· 3d Cir.· 1978-06-22 ·cited 28×
  The court held that the district court erred in excluding evidence of a Coast Guard hearing examiner's findings and a Japanese conviction, as these were admissible under Federal Rules of Evidence 804(b)(1) and 803(22) respectively. Therefore, a new trial is warranted.
• 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
• 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
• O'Dell v. Hercules Inc.
  904 F.2d 1194· 8th Cir.· 1990-05-10 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying a new trial, affirming the jury's verdict for Hercules.
• Lanzafane Hendrieth v. State
  483 So. 2d 768· Fla. 1st DCA· 1986-02-07 ·cited 22×
  Hendrieth appeals his convictions for burglary and petit theft, challenging the admission of a police officer's testimony regarding a witness's prior consistent statement describing suspects seen near the crime scene. The court affirms, finding the erroneous admission harmless gi
• Lowe's OF Tallahassee & Aetna Life & Cas. Co. v. Giaimo
  552 So. 2d 304· Fla. 1st DCA· 1989-11-15 ·cited 21×
  The court held that the trial judge erred in admitting unauthenticated medical records over a hearsay objection, as they did not meet the requirements for a business records exception.
• Sproule v. State
  927 So. 2d 46· Fla. 4th DCA· 2006-03-29 ·cited 20×
  Gary Sproule was convicted of Habitual Driving While License Revoked and challenged the admission of his driving record as hearsay and a violation of his Sixth Amendment confrontation rights under Crawford v. Washington. The Florida appellate court affirmed the conviction, holdin
• United States v. Unruh
  855 F.2d 1363· 9th Cir.· 1987-09-03 ·cited 20×
  The court held that the jury instruction on intent to injure or defraud was potentially misleading, and that the failure to instruct on the defense of board consent or good faith constituted reversible error for certain counts, requiring remand.
• Card v. State
  927 So. 2d 200· Fla. 5th DCA· 2006-04-28 ·cited 19×
  James Card was convicted of driving with a revoked license as a habitual offender. Card appealed, arguing that his driving record was testimonial hearsay that violated his Sixth Amendment confrontation rights under Crawford v. Washington. The court held that driving records are n
• United States v. Sandor Regner
  677 F.2d 754· 9th Cir.· 1982-05-19 ·cited 19×
  The court held that the admission of evidence of prior insurance claims was not an abuse of discretion, a continuance granted was sufficient, and the admission of foreign public documents did not violate the defendant's Sixth Amendment rights.
• Colvin v. United States
  479 F.2d 998· 9th Cir.· 1973-06-08 ·cited 18×
  The court held that admitting an eyewitness statement from an accident report and testimony about the deceased's earnings from an unproduced diary constituted error.
• United States v. Gilbert
  774 F.2d 962· 9th Cir.· 1985-10-21 ·cited 17×
  The court held that evidence seized during a protective sweep of a mobile home and a fingerprint card were admissible, affirming the conviction.
• McGONIGLE v. Combs
  968 F.2d 810· 9th Cir.· 1992-06-19 ·cited 16×
  The court held that the district court did not err in dismissing claims based on alleged misrepresentations and omissions, nor in its directed verdicts or jury instructions, affirming the lower court's rulings.
• United States v. Everette A. Bohrer
  807 F.2d 159· 10th Cir.· 1986-12-16 ·cited 16×
  The court affirmed the conviction, holding that the summons was properly issued, discovery of a tax protester list was not required, the evidence of willfulness was sufficient, and the jury instructions were proper.
• Reichenberg v. Davis
  846 So. 2d 1233· Fla. 5th DCA· 2003-06-06 ·cited 14×
  In this paternity case, Father appealed the trial court's denial of his petition to modify custody and become the primary residential parent of the parties' seven-year-old son. The Fifth District Court of Appeal affirmed the trial court's exclusion of Child Protection Team and DC
• United States v. Ramirez
  894 F.2d 565· 2d Cir.· 1990-01-24 ·cited 13×
  The court affirmed convictions, holding that similar act evidence was properly admitted, hearsay was correctly excluded, and the jury instruction on flight was adequate.
• Digiovanni v. Deutsche Bank Nat'l Tr. Co.
  226 So. 3d 984· Fla. 2d DCA· 2017-04-05 ·cited 12×
  Leonardo DiGiovanni appeals a foreclosure judgment entered against him by Deutsche Bank National Trust Company. The appellate court reversed because Deutsche Bank failed to establish standing to foreclose when the trial judge improperly conducted independent research to fill evid
• Fed. Deposit Ins. Corp. v. Mmahat
  907 F.2d 546· 5th Cir.· 1990-08-03 ·cited 12×
  The court held that the law firm's dishonesty exclusion from malpractice insurance coverage was valid, but remanded for credit for amounts paid by settling defendants.
• United States v. Hardin
  710 F.2d 1231· 7th Cir.· 1983-06-23 ·cited 12×
  The court held that the district court did not err in denying the motion to suppress, as the defendant knowingly and voluntarily consented to the search of his clothing, and the admission of the DEA statistical graph was proper under the hearsay exception for public records.
• Hughes v. United States
  953 F.2d 531· 9th Cir.· 1992-01-09 ·cited 11×
  The court held that the district court properly dismissed claims for injunctive and declaratory relief due to lack of subject matter jurisdiction under the Anti-Injunction Act and Declaratory Judgment Act, and properly granted summary judgment on damages claims.
• Cordova v. State
  675 So. 2d 632· Fla. 3d DCA· 1996-05-29 ·cited 10×
  Victor Cordova appeals his conviction for indirect criminal contempt for violating a domestic violence injunction, challenging the trial court's use of judicial notice to establish that he was served with the injunction. The court affirms the conviction, holding that while judici
• Bradford Tr. Co. OF Boston v. Merrill Lynch
  805 F.2d 49· 2d Cir.· 1986-11-05 ·cited 10×
  The court held that the trial court did not err in denying the plaintiff's motion to amend the pre-trial order or reopen the case, and affirmed the judgment for the defendant.
• BOX v. State
  993 So. 2d 135· Fla. 5th DCA· 2008-10-24 ·cited 9×
  Jerry Box appeals a restitution order imposed as part of his battery conviction sentence, arguing that hearsay evidence used at the restitution hearing violated his Sixth Amendment right to confrontation. The court holds that the Confrontation Clause does not apply to restitution
• United States v. Enterline
  894 F.2d 287· 8th Cir.· 1990-01-18 ·cited 9×
  The court held that the FBI agent's testimony regarding a computer report of stolen vehicles was admissible under the public records exception to the hearsay rule, and that the district court did not abuse its discretion in sentencing the defendant based on information in the pre
• Manocchio v. Moran
  919 F.2d 770· 1st Cir.· 1990-09-24 ·cited 8×
  The introduction of an autopsy report without the personal presence of the medical examiner who prepared it does not violate the Confrontation Clause if the report possesses particularized guarantees of trustworthiness.
• Univ. OF N. Fla. v. The Unemployment Appeals Comm'n
  445 So. 2d 1062· Fla. 1st DCA· 1984-02-13 ·cited 8×
  The University of North Florida appealed an unemployment benefits determination, arguing that an employee was discharged for misconduct (falsifying records and making false statements) and therefore ineligible for benefits. The Florida appellate court affirmed the decision awardi
• United States v. Coleman
  631 F.2d 908· D.C. Cir.· 1980-07-17 ·cited 8×
  The court held that DEA forms and lock-seal envelopes containing skeletal information and prepared for chain of custody were admissible, and that notecards qualifying as statements of identification or prior consistent statements were also admissible. However, the court vacated c
• Barfield v. Dep't OF Health
  805 So. 2d 1008· Fla. 1st DCA· 2001-12-19 ·cited 7×
  Gregory Barfield, a dental license applicant who failed the clinical exam, appealed the Board of Dentistry's denial of his application. The Court held that the Board lacked substantive jurisdiction under the 1999 amendments to section 120.57(1)(ℓ) to reject the ALJ's hearsay conc
• Wells Fargo Bank, N.A. v. Ousley
  212 So. 3d 1056· Fla. 1st DCA· 2016-06-15 ·cited 6×
  The appellate court reversed the involuntary dismissal of a foreclosure action, holding that the bank provided sufficient evidence to establish standing by demonstrating possession of the note with a blank endorsement at the time of filing.