Montano v. State

How courts have described this case

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

• holding tape recorded statement given to police shortly after criminal incident was inadmissible under section 90.803(5
• holding tape recorded statement given to police shortly after criminal incident was inadmissible under section 90.803(5
• holding a sworn, taped statement given to a deputy was improperly admitted because the witness herself did not acknowledge its accuracy at trial or that she was truthful at the time she made it
• witness’s tape-recorded statement given to police shortly after criminal incident was improperly admitted under recorded recollection exception to hearsay rule where witness did not acknowledge its accuracy at trial

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• Smith v. State
  District Court of Appeal of Florida· 2004-05-28· cited 23×
• Polite v. State
  Supreme Court of Florida· 2013-06-06· cited 17×
• Polite v. State
  District Court of Appeal of Florida· 2010-07-16· cited 11×
• State v. Stone
  Supreme Court of Minnesota· 2010-06-30· cited 11×
• Hernandez v. State
  District Court of Appeal of Florida· 2010-03-17· cited 10×
• Blandenburg v. State
  District Court of Appeal of Florida· 2004-11-05· cited 10×
• Bartholomew v. State
  District Court of Appeal of Florida· 2012-10-31· cited 7×
• Faust v. State
  District Court of Appeal of Florida· 2012-08-15· cited 4×
• McNeal v. State
  District Court of Appeal of Florida· 2013-02-28· cited 3×
• Aldrin Gomez-Martinez v. the State of Florida
  District Court of Appeal of Florida· 2025-06-11
• David Sasser v. Joleen Sasser
  District Court of Appeal of Florida· 2026-06-19

Cites

20 cases in this archive are cited by this case.

• Henyard v. State
  Supreme Court of Florida· 1996-12-19· cited 101×
• Mitchell v. Archibald
  Court of Appeals of Tennessee· 1998-01-28· cited 99×
• State v. Jano
  Supreme Court of Florida· 1988-05-05· cited 76×
• Garrett v. Morris Kirschman & Company, Inc.
  Supreme Court of Florida· 1976-06-09· cited 57×
• Stoll v. State
  Supreme Court of Florida· 2000-04-06· cited 54×
• Volusia County Bank v. Bigelow
  Supreme Court of Florida· 1903-01-15· cited 41×
• Middleton v. State
  Supreme Court of Florida· 1982-12-22· cited 33×
• Gomien v. State
  District Court of Appeal of Florida· 1965-02-26· cited 30×
• State v. Marcy
  Supreme Court of Vermont· 1996-03-22· cited 27×
• Cotton v. State
  District Court of Appeal of Florida· 2000-06-09· cited 26×
• Parnell v. State
  District Court of Appeal of Florida· 1969-02-04· cited 20×
• Commonwealth v. Nolan
  Massachusetts Supreme Judicial Court· 1998-06-01· cited 20×
• Lindley v. State
  Supreme Court of Alabama· 1998-11-20· cited 19×
• Montgomery Ward & Co. v. Rosenquist
  District Court of Appeal of Florida· 1959-05-22· cited 11×
• United States v. Donald Lee Sollars, United States of America v. Richard Marzullo
  Eighth Circuit· 1992-11-09· cited 10×
• Kimbrough v. State
  District Court of Appeal of Florida· 2003-03-12· cited 9×
• Ringgold v. State
  Court of Special Appeals of Maryland· 1976-12-29· cited 8×
• Willis v. State
  District Court of Appeal of Florida· 1998-12-30· cited 7×
• State v. Skolar
  District Court of Appeal of Florida· 1997-05-02· cited 5×
• Kimbrough v. State
  District Court of Appeal of Florida· 2003-05-28· cited 1×