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Del.·
2016-04-04
The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the Due Process Clause does not require a preliminary inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances
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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
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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.
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Del. Super. Ct.·
2010-04-08
The Court denied Ralph E. Swan's postconviction motion and motion for a new trial. The Court found that Swan's claims of ineffective assistance of counsel regarding DNA evidence, the Norcross recantation, reward information, felony murder convictions, Norcross's background, the P
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979 So. 2d 430·
Fla. 3d DCA·
2008-04-23
The Florida Supreme Court remanded this case for reconsideration in light of State v. Hosty, which upheld section 90.803(24) as constitutional when applied to nontestimonial hearsay. The Third District Court of Appeal reversed the trial court's finding that the statute was uncons
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9th Cir. Ct. App. Div.·
2008-02-05
This case addresses whether a trial court properly admitted laser speed measurement device certification as business records evidence and whether the underlying statute creates an unconstitutional irrebuttable presumption in a traffic speeding enforcement action. The appellate co
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973 So. 2d 543·
Fla. 1st DCA·
2007-12-31
The court held that a contract for the purchase of vacant land was not illusory, despite a blank space in the feasibility study provision, and remanded for further proceedings after the trial court dismissed the buyer's complaint for specific performance.
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969 So. 2d 568·
Fla. 5th DCA·
2007-11-30
The court held that the Confrontation Clause as interpreted in Crawford v. Washington does not apply to probation revocation proceedings.
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9th Cir. Ct. App. Div.·
2007-10-23
John Kolb appeals his traffic citation for unlawful speeding, challenging the trial court's admission of a Radar Certificate documenting the officer's radar device calibration. The appellate court affirmed the conviction, holding that the ticketing officer could establish the rad
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953 So. 2d 780·
Fla. 4th DCA·
2007-04-25
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953 So. 2d 751·
Fla. 2d DCA·
2007-04-18
Ben Hawthorne appealed from an order revoking his probation based on cocaine possession charges and failure to pay costs. The court affirmed the revocation but remanded for corrected orders addressing condition number errors and cost calculation issues, and certified a question t
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953 So. 2d 568·
Fla. 1st DCA·
2007-02-12
Crawford v. Washington's testimonial hearsay rule does not apply to probation-revocation proceedings where the defendant received a true split sentence, because the prosecution is completed upon imposition of the sentence.
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902 So. 2d 878·
Fla. 1st DCA·
2005-05-27
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2005 U.S. Dist. LEXIS 7450·
S.D. Fla.·
2005-04-27
The court denied the defendants' motions to sever their trial without prejudice, finding a final ruling premature due to unknown factors.