Legal Opinion

Kyser v. State

District Court of Appeal of Florida

Decided March 21, 1991No. 90-1229PublishedCited by 3 opinions

1Per curiam

Walter Grant Kyser appeals from his judgment of conviction for first degree murder, raising two grounds on appeal. We find neither ground merits extensive discussion and affirm.

The appellant first contends that the trial court erred by excluding, on hearsay grounds, statements made by his ex-wife. We find that the ex-wife’s statements were properly excluded as they could neither be admitted as admissions, since the ex-wife was not a party to the case, nor could they be admitted as declarations against interest, since the declarant was not unavailable. See Hunt v. Seaboard Coastline R.R., 327…

2Cases cited3 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. Hill v. StateSupreme Court of Florida · 1989
  3. Hunt v. Seaboard Coast Line Railroad CompanySupreme Court of Florida · 1976

3Cited by3 opinions

  1. Kyser v. StateDistrict Court of Appeal of Florida · 1994
  2. Kyser v. StateDistrict Court of Appeal of Florida · 2013
  3. Kyser v. StateDistrict Court of Appeal of Florida · 2010

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