Elmer v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[A] prior inconsistent statement admitted for impeachment purposes is not hearsay because it is not being offered for the truth of the matter asserted.”
• “[A] prior inconsistent statement admitted for impeachment purposes is not hearsay because it is not being offered for the truth of the matter asserted.” (citation omitted
• “When the witness does not ‘distinctly admit’ making the prior statement, including when he or she claims an inability to remember it, extrinsic evidence is admissible to prove that the statement was made.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Elmer v. State
  District Court of Appeal of Florida· 2014-06-20· cited 5×
• Jonathon Glen Harrelson v. State of Florida
  District Court of Appeal of Florida· 2014-09-22· cited 3×
• Rivera v. State
  District Court of Appeal of Florida· 2019-06-21· cited 1×
• Recco v. State
  District Court of Appeal of Florida· 2019-01-25
• David Michael Carnright v. The State of Florida
  District Court of Appeal of Florida· 2024-01-31
• McCray v. State of Florida
  District Court of Appeal of Florida· 2025-08-13

Cites

16 cases in this archive are cited by this case.

• Davis v. Alaska
  Supreme Court· 1974-02-27· cited 5,953×
• McDuffie v. State
  Supreme Court of Florida· 2007-11-21· cited 161×
• McLean v. State
  Supreme Court of Florida· 2006-07-06· cited 125×
• Zack v. State
  Supreme Court of Florida· 2000-01-06· cited 120×
• Boyd v. State
  Supreme Court of Florida· 2005-06-16· cited 116×
• Pearce v. State
  Supreme Court of Florida· 2004-07-01· cited 83×
• Engle v. State
  Supreme Court of Florida· 1983-09-15· cited 70×
• Watts v. State
  District Court of Appeal of Florida· 1984-04-27· cited 22×
• Robinson v. State
  District Court of Appeal of Florida· 1983-03-09· cited 15×
• Mendez v. State
  District Court of Appeal of Florida· 2007-07-27· cited 14×
• McBean v. State
  District Court of Appeal of Florida· 1997-02-05· cited 12×
• Marshall v. State
  District Court of Appeal of Florida· 2011-08-26· cited 8×
• Hutchens v. State
  District Court of Appeal of Florida· 1999-04-09· cited 7×
• Ortega-Mantilla v. State
  District Court of Appeal of Florida· 2005-04-06· cited 6×
• Pugh v. State
  District Court of Appeal of Florida· 1994-05-24· cited 6×
• Bruce v. State
  District Court of Appeal of Florida· 2010-10-01· cited 4×