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· 4/1/2009

Masaka v. State

Citations

  • 4 So. 3d 1274
  • 2009 Fla. App. LEXIS 2935
  • 2009 WL 839036

How courts have described this case

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

  • noting that a harmful error occurs with a jury instruction that is “capable of misleading the jury in such a way as to prejudice the defendant’s right to a fair trial” (quoting Lewis v. State, 693 So.2d 1055, 1057 (Fla. 4th DCA 1997))
  • stating, that the trial court should have considered each proffered statement, rather than the entire interview as a whole, in determining whether the evidence proffered by the defendant was admissible
  • reiterating four-part test for admissibility to include; (1) whether declarant is unavailable, and if so, (2) whether statements are relevant, (3) whether statements tend to inculpate de-clarant and exculpate defendant, and (4) whether statements are corroborated
  • even without direct confession, statements can be incriminating based on context

Source: CourtListener parenthetical corpus (CC0).

Judges: Villanti, Fulmer, Kelly

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.