Polite v. State
Supreme Court of Florida
1Per curiam
Darius Polite petitions this Court to review the decision of the Fifth District Court of Appeal in Polite v. State, 41 So.3d 935 (Fla. 5th DCA 2010), which expressly and directly conflicts with decisions of the Second and Fourth District Courts of Appeal regarding the requirements for the admission of a record or memorandum of past recollection recorded under section 90.803(5), Florida Statutes (2008). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The Fifth District determined that the admission of past recollection recorded evidence does not require a witness to testify that the…
2Cases cited10 opinions
- United States v. Todd Michael PorterCourt of Appeals for the Sixth Circuit · 1993
- Garrett v. Morris Kirschman & Company, Inc.Supreme Court of Florida · 1976
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
- Middleton v. StateSupreme Court of Florida · 1982
- Smith v. StateDistrict Court of Appeal of Florida · 2004
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3Cited by16 opinions
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