Witness Competency

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

• In re Est. of Julius Lee Silverman v. Hyman Lerner and Dorothy Lerner
  163 So. 2d 321· Fla. 3d DCA· 1964-04-28 ·cited 2×
  Irene Carlson Silverman appealed the dismissal of her claim to dower rights as the alleged common-law wife of Julius Lee Silverman. The court affirmed the dismissal, holding that she failed to establish a prima facie case of common-law marriage and that her testimony regarding an
• Shuler v. State
  161 So. 2d 3· Fla.· 1964-02-19 ·cited 2×
  In this habeas corpus proceeding, the Florida Supreme Court reviewed a Commissioner's findings regarding allegations that Robert Shuler and Jerry Chatman's capital rape convictions were obtained through suppressed evidence, falsified footprint casts, and prosecutorial misconduct.
• United States ex rel. Leonardo Salemi v. Denno
  235 F.2d 910· 2d Cir.· 1956-07-13 ·cited 2×
  The court held that the district court properly denied the habeas corpus application on adequate state grounds, specifically New York's requirement of due diligence for a new trial.
• Poindexter v. Groves
  197 F.2d 915· 2d Cir.· 1952-05-01 ·cited 2×
  The court held that there was sufficient evidence of negligence and proximate cause to support the jury's verdict, and that the trial court did not err in its rulings on evidence or jury conduct.
• Singleton v. State
  39 Fla. 520· Fla.· 1897-06-01 ·cited 2×
  Harry Singleton was convicted of murder and sentenced to death. On appeal, the Florida Supreme Court reviewed three alleged errors: exclusion of evidence regarding a witness's prior conviction, admission of corroborating testimony from a court stenographer regarding the defendant
• Hooker v. Johnson
  8 Fla. 453· Fla.· 1859-01-01 ·cited 2×
  In this assumpsit action for goods, labor, and materials, the defendant Hooker appealed a jury verdict for the plaintiff Johnson, arguing that a key witness (Levin P. Johnson) should have been excluded as incompetent due to alleged interest in the subject matter. The Florida Supr
• Wingo v. State
  158 So. 3d 743· Fla. 2d DCA· 2015-02-20 ·cited 1×
  Percy Octavio Wingo appeals his convictions for burglary, grand theft, and criminal mischief. The court reversed and remanded for a new trial because the trial court conducted an inadequate competency inquiry of the State's key witness—the alleged victim—and failed to determine w
• Turner v. State
  993 So. 2d 996· Fla. 2d DCA· 2007-11-07 ·cited 1×
  Timothy Turner appealed the denial of his Rule 3.850 motion for ineffective assistance of counsel. The appellate court reversed because a successor judge who did not preside over the evidentiary hearing ruled on the motion, the order lacked required factual findings and conclusio
• McCOY v. State
  853 So. 2d 396· Fla.· 2003-08-21 ·cited 1×
  Richard McCoy was convicted of first-degree murder and sentenced to death for the June 2000 robbery and killing of Sherrie Ann Elliott at an ABC Liquors store in Jacksonville. The Florida Supreme Court affirmed the conviction and death sentence, finding that the evidence was suff
• Bell v. State
  93 So. 2d 575· Fla.· 1957-03-13 ·cited 1×
  George Bell was convicted of rape and sentenced to death based primarily on testimony from his nine-year-old daughter. The Florida Supreme Court reversed and remanded for a new trial, holding that the child witness's competency was inadequately established and that improper leadi
• Payrow v. Chronister
  M.D. Fla.· 2024-09-30
  The court held that judicial estoppel bars the plaintiff's claims due to his directly contradictory sworn testimony in a prior criminal proceeding, and alternatively, his testimony is not competent evidence to create a genuine issue of material fact.
• Tualla v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-03-18
  A Florida state prisoner convicted of lewd and lascivious molestation challenged his conviction through a federal habeas petition raising claims of ineffective assistance of trial counsel, trial court error, and cumulative error, all of which were denied. The district court, appl
• Dunkum v. Sec'y, Dep't of Corr. (Manatee County)
  M.D. Fla.· 2023-06-06
  The court held that the petition for writ of habeas corpus was untimely and dismissed it. Even addressing the merits, the court found no basis for relief on the claims of ineffective assistance of counsel.
• Holloman v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2023-03-20
  The court held that the petitioner failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• U. S. Bank Nat'l Ass'n v. Martinez
  Fla. 2d DCA· 2022-06-03
  The appellate court reversed an order of involuntary dismissal in a mortgage foreclosure case, finding that the trial court improperly weighed the evidence when considering the dismissal. The court instructed the lower court to enter a judgment based on the evidence presented.
• Fernandez v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-08-22
  A Florida prisoner filed a federal habeas corpus petition challenging his convictions for theft and aggravated battery, raising five grounds of ineffective assistance of counsel, including claims that his attorneys waived his right to speedy trial without consent, withdrew a mist
• Val Viladoine v. State
  268 So. 3d 804· Fla. 4th DCA· 2019-04-03
  Val Viladoine was convicted of sexual battery upon a child under twelve based on Count I, which charged penetration with his penis. The trial court improperly amended the charging information mid-trial to add penetration by an object after the victim's testimony described a pink
• Pohl v. MH Sub I, LLC
  19 La. 584· N.D. Fla.· 2018-06-20
• Gabriel v. G2 Secure Staff, LLC
  2016 U.S. Dist. LEXIS 181113· S.D. Fla.· 2016-12-21
• Jeramie Lawrence Eichhorn v. State
  217 So. 3d 1060· Fla. 5th DCA· 2015-05-08
• Cosman v. Rodriguez
  153 So. 3d 371· Fla. 2d DCA· 2014-12-17
  In this wrongful death appeal, the court held that a murderer husband cannot claim surviving spouse status under Florida's slayer statute, thereby permitting his stepdaughter to bring a wrongful death action on behalf of the estate. The court reversed and remanded for a new trial
• Eriby v. State
  71 So. 3d 179· Fla. 1st DCA· 2011-09-27
  The court held that the circumstantial evidence presented by the State was sufficient to sustain a conviction for first-degree murder and was inconsistent with the defendant's theory of events.
• Kris W. Benson v. State
  730 So. 2d 841· Fla. 5th DCA· 1999-04-16
• Joseph L. Riley Anesthesia Assocs., P.A. v. Karstetter
  729 So. 2d 517· Fla. 5th DCA· 1999-04-09
  A medical malpractice defendant sought certiorari review to strike an expert witness who participated in a peer review evaluation. The court held that allowing a peer review participant to testify as an expert in the very malpractice case evaluated would undermine the peer review
• Mard v. Ronda C. Weinstock and Michael Lawrence Weinstock
  698 So. 2d 645· Fla. 5th DCA· 1997-09-05
  The Florida District Court of Appeal reversed a trial court's order awarding a business valuation fee, finding that the court improperly considered non-expert testimony regarding the reasonableness of the fee. The case highlights the need for competent expert testimony when chall
• Lopez v. State
  691 So. 2d 64· Fla. 5th DCA· 1997-04-11
  The court held that the prosecutor's comment on the defendant's silence was harmless error, but the combined sentence and a probation condition were improper.
• Lowe v. State
  650 So. 2d 969· Fla.· 1994-11-23
  Rodney Lowe was convicted of first-degree murder and sentenced to death for shooting convenience store clerk Donna Burnell during an attempted robbery. The Florida Supreme Court affirmed his conviction and death sentence, rejecting claims that his confession was obtained improper
• Ralph v. Huba Nagy, M.D.
  950 F.2d 326· 6th Cir.· 1991-12-04
  The court held that issues concerning expert testimony on causation were moot because the jury found no negligence, and that the trial court did not abuse its discretion in submitting verdict interrogatories or in denying a new trial based on the weight of the evidence.
• Gov't of the Virgin Islands v. A.
  922 F.2d 1141· 3d Cir.· 1991-01-11
  The court held that the magistrate did not abuse discretion in denying a motion for psychiatric examinations of child witnesses, and that the trial court did not err in refusing to exclude a non-witness from the courtroom.
• Roemelmeyer v. Falin (In re 6801 Collins Ave.
  S.D. Fla.· 1989-02-08
• Bret Edmund Jano v. State
  510 So. 2d 615· Fla. 4th DCA· 1987-06-24
  Bret Jano was convicted of sexually battering his 2½-year-old daughter based primarily on hearsay statements admitted under the spontaneous statement and excited utterance exceptions to the hearsay rule. The Fourth District Court of Appeal reversed and remanded for a new trial, f
• Glendening v. State
  503 So. 2d 335· Fla. 2d DCA· 1987-01-14
  Appellant Glendening was convicted of sexual battery on a child and challenged the admission of out-of-court statements made by his 3½-year-old daughter describing the abuse. The court upheld the conviction, finding that Florida's newly enacted hearsay exception for child abuse v
• Warner v. Walker
  500 So. 2d 645· Fla. 2d DCA· 1986-12-30
  In this custody modification appeal, the Florida District Court of Appeal reversed the trial court's order changing custody from the mother to the father, finding that while certain evidence (a child abuse interview video, hearsay statements about drug use, and post-trial urine t
• Goldstein v. State
  447 So. 2d 903· Fla. 4th DCA· 1984-02-29
  Edward Goldstein was convicted of first-degree murder of his ex-wife and child and sentenced to life imprisonment. On appeal, he challenged the speedy trial waiver, admission of psychiatric testimony regarding a witness's competency, and admission of evidence of prior threats, bu
• Crum v. State
  433 So. 2d 1384· Fla. 5th DCA· 1983-07-14
  The court held that the admissibility of hypnotically refreshed testimony goes to the weight of the evidence, not the witness's competency.
• R & D SOD Farms, Inc. v. Vestal
  432 So. 2d 622· Fla. 1st DCA· 1983-05-25
  Florida appellate court reversed a workers' compensation award of permanent total disability benefits because the claimant's unsworn, unqualified brother was permitted to interpret his testimony in violation of Florida Statutes § 90.606.
• In re the Est. of Jose R. Valdes v. Valdes
  384 So. 2d 37· Fla. 3d DCA· 1980-05-13
  The court reversed the trial court's exclusion of testimonial evidence under Florida's Dead Man's Statute, holding that without timely objection, the statute does not preclude admission of the excluded testimony.
• United States v. Heath
  528 F.2d 191· 9th Cir.· 1975-10-28
  The court held that while the trial court erred in refusing pre-trial cross-examination of a potentially incompetent witness, this error did not require reversal given subsequent full cross-examination and no clear abuse of discretion.
• Wasserman v. Weiss
  313 So. 2d 97· Fla. 3d DCA· 1975-05-13
  The court held that the trial court erred in admitting testimony from a witness with potential legal liability and in finding the notes usurious and paid based on insufficient evidence.
• United States v. Ploeger
  453 F.2d 537· 6th Cir.· 1972-01-20
  The court held that the trial court did not abuse its discretion in admitting witness testimony, denying a new trial, or in the prosecutor's interview practices.
• Bank OF Am. v. Saville
  416 F.2d 265· 7th Cir.· 1969-06-10
  The court denied rehearing, finding no conflict with California precedent regarding conservatorship and capacity, and reaffirming its prior conclusion on undue influence.
• Alvin H. Frankel C. T. A. of the Estate of George Burgoyne v. Styer
  386 F.2d 151· 3d Cir.· 1967-11-22
  The court held that the trial judge erred in ruling a witness incompetent to testify about trade custom and in excluding a medical examiner's rebuttal testimony.
• Ramey v. State
  202 So. 2d 221· Fla. 3d DCA· 1967-09-19
  The court held that the trial court did not abuse its discretion in allowing an eight-year-old child to testify.
• United States v. Barnes
  368 F.2d 567· 4th Cir.· 1966-10-27
  The court held that the witness was competent to testify because no common law marriage existed between her and the defendant.
• Holman v. Lawhon
  362 F.2d 1· 5th Cir.· 1966-05-23
  The court held that the district court erred in granting habeas corpus relief because the petitioner failed to demonstrate that the exclusion of the witness's testimony caused prejudice or injury.
• Clark v. Geiger
  336 F.2d 33· 3d Cir.· 1964-09-04
  The court held that the prejudicial error of admitting the entire psychiatric examination of a witness into evidence as part of his deposition warranted reversal and a new trial.
• Lefcourt v. Streit
  91 So. 2d 852· Fla.· 1956-12-19
  The Florida Supreme Court reversed a trial court's exclusion of a party's testimony based on a prior perjury conviction in New York, holding that a conviction in another state does not render a witness incompetent in Florida courts.
• Moore Bros. Const. Co. v. City of ST. Louis
  159 F.2d 586· 7th Cir.· 1947-02-11
  The court held that a letter from Boudreau to Fitch, stating no unfinished business, conclusively proved a settlement and negated Boudreau's claim or his estate's claim to fees in the case.
• Taylor v. Hodges
  65 Fla. 502· Fla.· 1913-06-03
  James B. Hodges sought to enforce a mortgage executed by J. S. Taylor in 1904 to secure an alleged one-thousand-dollar debt. The Florida Supreme Court reversed, holding that Hodges failed to prove any actual indebtedness and that the mortgage's true purpose was to protect the mor