CRIMINAL LAW: EVIDENCE: HEARSAY: EXCITED UTTERANCE: FACT THAT VICTIM CALMED DOWN ENOUGH TO TALK TO POLICE OFFICER DID NOT MEAN THAT SHE WAS NOT STILL UNDER THE STRESS OF EXCITEMENT CAUSED BY HER EX BOYFRIEND’S THREAT TO KILL HER AND FIRING OF THREE GUNSHOTS AT HER; APPEALS: RIGHT FOR THE WRONG REASON

Taylor v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1832 (Fla. 5th DCA August 29, 2014)

When the victim drove by her ex-boyfriend, he threatened to kill her and fired three gunshots at her.  The victim drove to a nearby restaurant and dialed 911 but hung up after she saw a police officer and told him what … Click To Read Full Case Law Review...

CRIMINAL LAW: EVIDENCE: HEARSAY: STATEMENT OF IDENTIFICATION

Constant v. State, ___ So. 3d ___, 38 Fla. L. Weekly D1735 (Fla. 4th DCA August 14, 2013)

The trial court in a criminal case committed reversible error by allowing a police officer to testify that a victim identified the defendant in a photo lineup.  The victim’s statement was inadmissible hearsay because the victim did not testify at trial … Click To Read Full Case Law Review...