Legal Opinion

Burney v. State

District Court of Appeal of Florida

Decided April 10, 1991No. 88-3178PublishedCited by 2 opinions

1Per curiam

Eugene Burney appeals his convictions for first and second degree murder. We reverse and remand for a new trial.

We reverse because we conclude that the trial court erred in permitting hearsay testimony to be introduced. Bur-ney correctly contends that hearsay testimony by Howard1 and James2 was improperly introduced to the effect that unidentified individuals had implicated Bur-ney in the murders. In support of the admissibility of the testimony, the state asserts that the witnesses’ testimony was necessary to present a logical sequence of events to the jury. In State v. Baird, 572 So.2d 904,…

2Cases cited5 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. State v. BairdSupreme Court of Florida · 1990
  3. Harris v. StateDistrict Court of Appeal of Florida · 1989
  4. Hoffert v. StateDistrict Court of Appeal of Florida · 1990
  5. Smith v. StateDistrict Court of Appeal of Florida · 1989

3Cited by2 opinions

  1. Norton v. StateSupreme Court of Florida · 1997
  2. Rafael Andres v. State of FloridaSupreme Court of Florida · 2018

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