Public Records Exception

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

• Cameron v. State
  943 So. 2d 938· Fla. 4th DCA· 2006-12-06 ·cited 6×
  The Fourth District Court of Appeal affirmed the summary denial of Cameron's Rule 3.850 postconviction motion challenging his habitual offender sentence based on the use of hearsay evidence. The court held that documents from the Parole Commission were admissible under the public
• United States v. Garland
  991 F.2d 328· 6th Cir.· 1993-04-19 ·cited 6×
  The court held that a foreign criminal judgment, judicially noticed, constitutes newly discovered evidence that warrants a new trial when it corroborates the defendant's defense and would likely lead to an acquittal.
• Hill v. Marshall
  962 F.2d 1209· 6th Cir.· 1992-05-01 ·cited 6×
  The court held that the district court erred in labeling a judgment notwithstanding the verdict as a remittitur and in setting aside the jury's punitive damages award, but affirmed the denial of the defendant's motions regarding liability and compensatory damages.
• Keith v. Volpe
  858 F.2d 467· 9th Cir.· 1988-09-19 ·cited 6×
  The court held that the district court did not abuse its discretion in permitting the filing of a supplemental complaint.
• Cameshia Byrd v. BT Foods, Inc.
  26 So. 3d 600· Fla. 4th DCA· 2009-12-02 ·cited 5×
  Cameshia Byrd sued her employer, Wendy's, for HIV discrimination after termination. The trial court admitted a 'no reasonable cause' determination letter from the EEOC into evidence, which the jury relied upon in finding for the employer. The Fourth District reversed, holding tha
• Almond v. State
  1 So. 3d 1274· Fla. 1st DCA· 2009-02-17 ·cited 4×
  Stephan Jay Almond appeals his conviction for failing to register as a sexual offender, challenging the trial court's admission of hearsay evidence and documents lacking proper foundation. The appellate court reversed the conviction due to cumulative evidentiary errors that viola
• Whitley v. State
  1 So. 3d 414· Fla. 1st DCA· 2009-02-12 ·cited 4×
  Johnnie Whitley appeals his PRR (prison releasee reoffender) sentencing, challenging the trial court's admission of an unauthenticated Department of Corrections website printout to establish his prison release date. The court reversed the sentence and remanded for resentencing, f
• A.M. Hochstadt v. Sanctuary Homeowner's Ass'n, Inc.
  761 So. 2d 1163· Fla. 4th DCA· 2000-06-07 ·cited 4×
  The court held that testimony by a property appraiser regarding the assessed value of a home for tax purposes is relevant and should have been admitted to demonstrate damage reducing its value.
• Alain Baruchel v. Dalton
  268 So. 3d 280· Fla. 5th DCA· 2019-05-10 ·cited 2×
  A pro se litigant who abuses the judicial process and court staff may be barred from filing further pro se pleadings in the appellate court.
• Brown v. State
  18 So. 3d 723· Fla. 4th DCA· 2009-10-07 ·cited 2×
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal affirmed the revocation of David Brown's probation, holding that the Supreme Court's decision in Yisrael v. State, which restricted the admissibility of Department of Corrections release-date letters, d
• Ingram v. State
  7 So. 3d 657· Fla. 4th DCA· 2009-05-20 ·cited 2×
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reconsidered whether a prison release reoffender (PRR) designation was properly supported by admissible evidence. The court affirmed the PRR designation on Count I after the Florida Supreme Court clarif
• Commodity Futures Trading Comm'n v. Wilshire Inv. Mgmt. Corp.
  407 F. Supp. 2d 1304· S.D. Fla.· 2005-12-05 ·cited 2×
  The court held that the defendants engaged in fraudulent solicitations by misrepresenting profit potential, downplaying risks, and failing to disclose their poor track record, violating the Commodity Exchange Act and CFTC regulations.
• Cook v. Dunn
  2017 WL 1730971· M.D. Fla.· 2022-10-24 ·cited 1×
  The court held that genuine issues of material fact preclude summary judgment on claims of unlawful seizure and excessive force against Officer Dunn, and failure to intervene against Officer Bell, but granted summary judgment for supervisory and municipal liability claims.
• Armstrong v. State
  98 So. 3d 779· Fla. 4th DCA· 2012-10-17 ·cited 1×
  Florida appellate court reversed a habitual felony offender sentence because the trial court improperly relied on hearsay testimony regarding the defendant's probation release date to establish the statutory predicate for enhanced sentencing.
• Washington v. State
  18 So. 3d 1221· Fla. 4th DCA· 2009-10-07 ·cited 1×
  Randy Washington was convicted of acting as an unlicensed contractor after the State introduced a 'certificate of non-licensure' from the Florida Licensing Division. The Fourth District Court of Appeal held that this certificate was a testimonial statement subject to the Confront
• Doe v. Carnival Corp.
  11th Cir.· 2026-08-25
  The FBI investigator's factual conclusion that the sexual encounter was consensual is admissible under Federal Rule of Evidence 803(8) as a public record exception to hearsay because the opposing party failed to meet her burden of demonstrating lack of trustworthiness. This concl
• Reaves v. State
  Fla. 4th DCA· 2025-04-16
  The state failed to prove by competent, substantial evidence that the statute of limitations did not bar prosecution where it relied solely on inadmissible hearsay contained in a judicially noticed court file, specifically police reports and arrest affidavits, to establish the st
• Sheppard v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2023-09-29
  Sheppard sought federal habeas corpus relief challenging his 1985 conviction for sexual battery with a deadly weapon, raising five grounds including claims that trial counsel provided ineffective assistance by failing to call alibi witnesses and objecting to hearsay testimony, an
• Pearson v. Deutsche Bank AG
  S.D. Fla.· 2023-04-05
  The court held that indictments alleging defendants were victims of a Ponzi scheme are inadmissible hearsay and unfairly prejudicial under Rule 403, and thus must be excluded.
• Peace United Ltd. v. 1906 Collins LLC
  S.D. Fla.· 2022-07-18
  The court granted in part and denied in part motions in limine, ruling on the admissibility of various evidence and arguments before trial.
• Ocasio v. C.R. Bard, Inc.
  M.D. Fla.· 2021-07-05
  The court granted in part and denied in part various motions in limine, ruling on the admissibility of evidence and testimony for an upcoming product liability trial.
• Cunningham v. State
  109 So. 3d 1261· Fla. 2d DCA· 2013-04-03
  The court held that the State failed to provide sufficient documentation to demonstrate the defendant qualified for habitual offender sentencing regarding the timing and sequential nature of prior offenses.
• Perkins v. State
  17 So. 3d 1289· Fla. 4th DCA· 2009-10-09
  The court affirmed the defendant's sentence because the State properly authenticated the DOC 'Crime and Time Report' using a business records certification.
• Allen v. State
  12 So. 3d 919· Fla. 4th DCA· 2009-07-15
• Corker v. State
  18 So. 3d 1· Fla. 4th DCA· 2009-06-03
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reconsiders whether a Department of Corrections release-date letter was properly admitted at sentencing to establish the defendant's status as a prison release reoffender. The court modifies its prior a
• RAY v. State
  7 So. 3d 656· Fla. 4th DCA· 2009-05-20
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reconsidered whether a Department of Corrections "Crime and Time Report" was properly admitted during sentencing to establish the defendant's status as a prison releasee reoffender. The court modified i
• In & for New Castle Cnty.
  Del. Super. Ct.· 2007-09-11
  The Superior Court properly denied the defendant's motions for a new trial and judgment of acquittal. The court found that the evidence was sufficient to support the jury's verdicts, that the defendant's Sixth Amendment rights were not violated by the denial of access to therapis
• In the Matter
  Del.· 2000-12-22
  The Court affirmed the Board's judgment that the Respondent violated four provisions of the Delaware Lawyers Rules of Professional Conduct. However, the Court retained jurisdiction to determine the appropriate sanction, indicating that further review of the recommended three-year
• Singer v. AT & T Corp.
  959 F. Supp. 2d 427· S.D. Fla.· 1998-03-04
  The court held that the plaintiff's motion for class certification should be granted because the class was adequately defined, numerous, common questions of law and fact predominated, the named plaintiff's claims were typical, and the representation was adequate.
• State v. Peterson
  674 So. 2d 742· Fla. 3d DCA· 1995-12-14