Legal Opinion

Bryant v. State

District Court of Appeal of Florida

Decided October 17, 2012No. 4D11-2458Published

1Opinion of the CourtStevenson, J.

Appellant challenges his convictions for battery on a law enforcement officer and resisting without violence. At trial, appellant sought to have the 911 call he made during his encounter with the police admitted into evidence as an excited utterance. Appellant argues that the trial court erred in ruling that he, or some other person who witnessed the circumstances surrounding the call, was required to testify in front of the jury before the 911 tape could be admitted into evidence. We agree with appellant and reverse.

Appellant was charged with battery on a law enforcement officer, possession…

2Cases cited6 opinions

  1. United States v. Hung Thien LyCourt of Appeals for the Eleventh Circuit · 2011
  2. Pantoja v. StateSupreme Court of Florida · 2011
  3. Cotton v. StateDistrict Court of Appeal of Florida · 2000
  4. Tucker v. StateDistrict Court of Appeal of Florida · 2004
  5. Barron v. StateDistrict Court of Appeal of Florida · 2007

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