· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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