Legal Opinion

Walker v. State

District Court of Appeal of Florida

Decided December 7, 2011No. 4D10-1586PublishedCited by 1 opinion

1Opinion of the CourtGross, J.

The single, narrow issue in this case is whether the trial court properly excluded a check stub from evidence as hearsay. We affirm, holding that the check stub was hearsay and that the party offering the check failed to qualify the stub under any exception to the rule against hearsay.

Roderick Walker was charged with possession of cocaine with intent to sell or deliver within 1,000 feet of a school, among other charges. To prove Walker’s intent to sell, the state introduced $3,000 in cash found on him at the time of his arrest, along with powder cocaine and freshly cooked crack cocaine. 1…

2Cases cited6 opinions

  1. Franklin Inv. Co., Inc. v. SmithDistrict of Columbia Court of Appeals · 1978
  2. Leask v. . HoaglandNew York Court of Appeals · 1912
  3. McWhorter v. TysonSupreme Court of Alabama · 1919
  4. Elmore v. Middlesex Mut. Fire Ins. Co.Supreme Court of South Carolina · 1951
  5. Williams v. StateDistrict Court of Appeal of Florida · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. UNITED AUTOMOBILE INSURANCE COMPANY v. CHIROPRACTIC CLINICS OF SOUTH FLORIDA, PL, etc.District Court of Appeal of Florida · 2022

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