Sixth Amendment (Confrontation Clause)

1,582 Florida cases classified under this topic, plus 857 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• T. H. v. State
  Fla. 2d DCA· 2022-03-18
  The appellate court reversed a juvenile delinquency adjudication, finding the trial court erred by ordering the adjudicatory hearing to proceed entirely via Zoom without a hearing on the juvenile's objection and without making a case-specific finding of necessity to limit confron
• Jamylin Jamon'e Brown v. State
  Fla. 4th DCA· 2022-03-09 ·via Right To Confrontation
  A criminal defendant's remote appearance at sentencing via video during the COVID-19 pandemic does not constitute fundamental error when the defendant did not object at trial, had a meaningful opportunity to be heard through counsel, presented all evidence and argument sought, an
• Rodriguez v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2021-09-07
  The court held that the state court did not unreasonably apply federal law or make unreasonable factual determinations regarding the suppression of statements and the admission of testimony challenged under the Confrontation Clause.
• Harris v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2021-09-01 ·via Right To Confrontation
  The federal court denied a petition for a writ of habeas corpus, finding all claims procedurally barred or without merit under AEDPA standards.
• Lejune Neison Christie v. State
  Fla. 4th DCA· 2021-06-30 ·via Sixth Amendment Right To Confront Witnesses
  In a domestic violence offense case, the majority affirmed the conviction while Justice Warner dissented, arguing that multiple evidentiary errors—including admission of a 911 call as an excited utterance, hearsay testimony about other witnesses, and improper bolstering of the in
• E.A.C. v. State
  Fla. 4th DCA· 2021-06-30
  Remote witness testimony via Zoom in a non-jury juvenile delinquency trial does not violate a defendant's Sixth Amendment confrontation rights when conducted during a severe public health emergency, provided the trial court implements adequate procedural safeguards including witn
• Roberts v. Secretary, DOC (Lee County)
  M.D. Fla.· 2021-06-07
  The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Moore v. State
  312 So. 3d 544· Fla. 1st DCA· 2021-02-26
  The appellate court affirmed a conviction for sexual battery and lewd molestation. The court found no error in the trial court's handling of the defendant's competency, the admission of "Williams Rule" evidence of other child molestation acts, or the exclusion of evidence under t
• Boldridge v. State
  Fla. 1st DCA· 2021-02-04
  The appellate court affirmed a conviction for attempted murder, finding that while the victim's out-of-court statements to police violated the Confrontation Clause, the error was harmless. The court emphasized that the defendant's own admissions rendered the improperly admitted e
• Nelson v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2020-09-02 ·via Right To Confrontation
  The court held that the petitioner's claims were procedurally defaulted and without merit, and therefore denied the petition for writ of habeas corpus.
• State of Del. v. Aiken
  Del. Super. Ct.· 2020-02-19 ·via Right To Confrontation
  The Court denied the Defendant's Motion for Postconviction Relief, finding that none of the procedural bars applied and that his claims of ineffective assistance of counsel failed under the Strickland standard. The Court determined that trial counsel's strategic decisions were re
• Joel v. United States
  M.D. Fla.· 2019-09-27
  The court held that the defendant's claims were procedurally barred or defaulted, and his claims of ineffective assistance of counsel failed to meet the required legal standard.
• Monts v. State
  Fla. 5th DCA· 2019-08-08
  Bobbie Lee Monts appeals his felony battery conviction, challenging the admission of jail communications suggesting alibi fabrication and the trial court's limitation of cross-examination regarding the victim's deferred prosecution agreement. The court affirmed the conviction, fi
• United States v. Renado Smith
  11th Cir.· 2019-07-02
  Renado Smith and Richard Delancy, two Bahamian nationals, were convicted of conspiracy to commit alien smuggling, alien smuggling, and attempted illegal reentry after operating a boat that transported 21 Haitian nationals toward the United States in November 2016. The Eleventh Ci
• Favian Rivera v. State
  274 So. 3d 537· Fla. 5th DCA· 2019-06-21
  A trial court violates a defendant's Sixth Amendment right to confront witnesses when it restricts cross-examination of a key prosecution witness regarding the specific details of a plea agreement, including the sentence the witness would have faced absent the deal, where such in
• Malave v. State
  269 So. 3d 669· Fla. 5th DCA· 2019-05-03
  Admission of a Child Protection Team investigator's statement from a disabled adult victim violated the Confrontation Clause because the statement was testimonial and the defendant had no prior opportunity to cross-examine the declarant. The error was harmless beyond a reasonable
• A.A. v. State
  Fla. 3d DCA· 2019-02-27 ·via Right To Confrontation
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• A.A. v. State
  Fla. 3d DCA· 2019-02-27 ·via Right To Confrontation
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• A.A. v. State
  Fla. 3d DCA· 2019-02-27 ·via Right To Confrontation
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• Recco v. State
  264 So. 3d 273· Fla. 5th DCA· 2019-01-25
  A trial court abuses its discretion by preventing a defendant from cross-examining a key prosecution witness with prior inconsistent statements and from publishing those inconsistencies to the jury, even when the witness is a child, because the defendant's right to full and fair
• Geovani Johnson v. State
  Fla. 4th DCA· 2018-12-19
  The Melbourne procedure is a mandatory three-step process that trial courts must always follow, not merely when requested by a party. Step 3 of the Melbourne procedure imposes a duty on trial courts to request a response from the opponent of a peremptory challenge once a race-neu
• Butler v. State
  254 So. 3d 651· Fla. 4th DCA· 2018-09-20
  James R. Butler appeals his conviction for two counts of sexual battery on a person less than 12 years of age, challenging the trial court's decision to allow the victim to testify via satellite video transmission from Australia. The court affirms the conviction and the use of sa
• Pinestraw v. State
  238 So. 3d 918· Fla. 1st DCA· 2018-02-28 ·via Right To Confrontation
  Appellant was convicted of first-degree murder, attempted murder, and shooting into an occupied building following a shooting at an apartment that killed a 22-month-old child. He filed a motion under Florida Rule of Civil Procedure 3.850 seeking post-conviction relief based on in
• Bubb v. State
  225 So. 3d 365· Fla. 5th DCA· 2017-08-11
  William Bubb was convicted of sexual battery and lewd or lascivious molestation of a child after a jury trial. On appeal, he challenged the trial court's admission of a Child Protection Team interview video after the child victim refused to testify, claiming a Sixth Amendment con
• Gutierrez-Hernandez v. State
  221 So. 3d 792· Fla. 2d DCA· 2017-07-14
  Lazaro Gutierrez-Hernandez was convicted of marijuana trafficking based partly on evidence obtained during an unlawful arrest. The Florida appellate court reversed his convictions because the trial court erred by admitting his illegally obtained inculpatory statements and his sis
• Plaintiff-Below v. Damone Flowers
  Del.· 2016-10-21 ·via Right To Confrontation
  The Delaware Supreme Court reversed the Superior Court's grant of post-conviction relief, holding that the defendant's motion was untimely and repetitive, and the exception for a miscarriage of justice was not properly invoked. The Court found that the trial counsel's decision no
• Squire v. State
  193 So. 3d 105· Fla. 4th DCA· 2016-05-25
  Rodney Squire appeals his convictions for attempted felony murder, attempted robbery, and aggravated battery, challenging the admissibility of his confession, a victim's statement, and BOLO evidence. The Fourth District reversed on the confession and BOLO issues but affirmed on t
• Padilla v. State
  189 So. 3d 986· Fla. 2d DCA· 2016-04-01
  Hector Josué Vazquez Padilla was convicted of first-degree murder based largely on an audio recording of a police interrogation statement by Abel Garcia, who was unavailable to testify at trial. The court reversed the conviction, holding that admission of Garcia's testimonial sta
• Ragin v. State
  186 So. 3d 589· Fla. 4th DCA· 2016-02-24
  Ragin appeals his conviction for possession of cannabis with intent to sell, challenging the trial court's exclusion of evidence regarding a civil forfeiture settlement in which police returned half of seized currency to him. The Fourth District DCA reversed, holding that evidenc
• Milligan
  Del.· 2015-06-10
  The appellate court affirmed the defendant's convictions, holding that the admission of chain of custody documents did not violate the Confrontation Clause because the Sixth Amendment does not require live testimony from every individual who handled the evidence. Furthermore, the
• State of Del. v. Windsor
  Del. Super. Ct.· 2015-02-25 ·via Right To Confrontation
  The Court summarily denies the defendant's motion for postconviction relief. The defendant's claims are procedurally barred as they were either formerly adjudicated on appeal or not raised in prior proceedings. Even if not barred, the claims lack merit and do not meet the pleadin
• State v. Gerry
  9th Cir. Ct. App. Div.· 2014-10-09 ·via Right To Confrontation
  The State of Florida appeals a trial court's exclusion of hearsay evidence—an unidentified bystander's statement that the defendant was drunk and fighting—on grounds of insufficient reliability under Florida's spontaneous statement exception. The appellate court affirmed the tria
• Stanford v. State
  9th Cir. Ct. App. Div.· 2014-04-09 ·via Constitutional Right To Confrontation
  Ruth Stanford appealed a hearing officer's determination that she violated Florida's red light traffic law based on red light camera evidence. The appellate court reversed and remanded because the record was unclear whether the hearing officer actually reviewed the affidavit esta
• 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
• Peterson v. State
  129 So. 3d 451· Fla. 2d DCA· 2014-01-03
  The court held that the air bag control system report was not testimonial hearsay and therefore admissible under the Confrontation Clause.
• Simmons v. DHSMV
  9th Cir. Ct. App. Div.· 2013-04-04 ·via Right To Confrontation
  John Simmons sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court granted the petition and quashed the suspension
• Demetric McMILLON v. State
  109 So. 3d 886· Fla. 5th DCA· 2013-03-22 ·via Right To Confrontation
  McMillon was convicted of cocaine delivery and sentenced to ten years in prison. On appeal, McMillon argued the trial court improperly enhanced his sentence because he exercised his right to confront witnesses by demanding the confidential informant's identity be revealed. The co
• Fields v. State
  107 So. 3d 1227· Fla. 5th DCA· 2013-02-22 ·via Right To Confrontation
  The court held that there was sufficient evidence to support the conviction for grand theft and that the issue of testimonial business records was not preserved.
• Ehlen Floor Covering, Inc. v. Lamb
  118 F. Supp. 2d 322· M.D. Fla.· 2012-11-14
  The court held that Thomas and Edward Ehlen have standing as ERISA plan participants, despite not meeting technical requirements, and that the availability of remedies does not impact ERISA preemption. The court also addressed the recoverability of IRS taxes and penalties under E
• Daemont Wheeler
  Del.· 2012-02-07
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that while the admission of indirect hearsay testimony violated the hearsay rule and the Sixth Amendment Confrontation Clause, the error was harmless beyond a reasonable doubt due to cumulative properly a
• London v. State
  75 So. 3d 357· Fla. 1st DCA· 2011-11-22
  Gregory London was convicted of aggravated battery based on a 911 call recording made by his daughter describing the assault. London appealed on Sixth Amendment Confrontation Clause grounds, arguing the 911 operator's questioning elicited testimonial statements. The court affirme
• B.M. v. State
  66 So. 3d 1013· Fla. 3d DCA· 2011-07-06
  B.M., a juvenile, was charged with resisting arrest with violence and battery on a law enforcement officer. The trial court improperly excluded evidence of the arresting officer's alleged excessive force and an internal affairs complaint against that officer. The appellate court
• Johnson v. State
  63 So. 3d 806· Fla. 1st DCA· 2011-04-29 ·via Right To Confrontation
• State v. Lyons
  9th Cir. Ct. App. Div.· 2011-01-03 ·via Right To Confrontation
  The State appealed a trial court's order granting a defendant's pretrial motion to suppress evidence from a traffic stop. The appellate court reversed, finding that the defendant's motion was legally insufficient because driving with non-functioning brake lights constitutes a tra
• Miranda v. State
  50 So. 3d 707· Fla. 4th DCA· 2010-12-15 ·via Constitutional Right To Confrontation
  Miranda was convicted of sexual battery on his niece after three trials. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court admitted the child victim's pretrial hearsay statements without making the specific statutory findings of rel
• Sanders v. Sellers-Earnest
  768 F. Supp. 2d 1180· M.D. Fla.· 2010-06-11 ·via Right To Confrontation
  The seller of a pre-construction condominium unit appeals a trial court's summary judgment for the buyer, arguing the sales contract was authorized under the Interstate Land Sales Full Disclosure Act (ILSFDA) and not subject to revocation.
• State v. Ferrey
  35 So. 3d 177· Fla. 3d DCA· 2010-06-02 ·via Right To Confrontation
  The State appeals a trial court's grant of a new trial in a burglary and attempted sexual battery case. The court found that repeated references to a non-testifying witness named Carlos, combined with inferential hearsay about his out-of-court statements, violated the defendant's
• Baker v. McNeil
  711 F. Supp. 2d 1313· N.D. Fla.· 2010-03-31
  The court held that the exclusion of evidence regarding the complaining witness's prior false accusations of sexual misconduct violated the Confrontation Clause and was not harmless error.
• Weber
  Del.· 2009-04-22 ·via Right To Confrontation
  The Delaware Supreme Court affirmed in part and reversed in part the Superior Court's judgment. The Court reversed the conviction for Attempted First Degree Robbery, finding that the trial judge erred by refusing to instruct the jury on the lesser included offense of Offensive To
• Johnson v. State
  996 So. 2d 926· Fla. 1st DCA· 2008-12-05 ·via Right To Confrontation
  Florida appellate court affirmed sexual battery convictions, holding that the trial court properly found child-victim's out-of-court statements reliable under section 90.803(23) and State v. Townsend, and that admission of such statements did not violate confrontation rights wher