Marshall v. State

Henry Marshall challenges his conviction for armed robbery on the ground the only evidence offered to prove he was armed was hearsay evidence, admitted over his objection in violation of the Confrontation Clause of both the United States and Florida Constitutions. See Amend. VI, U.S. Const.; Art. I, § 16, Fla. Const. For the reasons set forth below, I find Marshall’s argument to have merit and would reverse the conviction.

FACTUAL AND PROCEDURAL BACKGROUND

Marshall’s conviction arises out of the robbery of Leon Valentine by Marshall and two confederates, in broad daylight, on the side of a…