Legal Opinion

Department of Health & Rehabilitative Services v. M.B.

Supreme Court of Florida

Decided May 29, 1997No. 88840PublishedCited by 25 opinions

1Opinion of the Court

ANSTEAD, Justice.

We have for review M.B. v. Department of Health & Rehabilitative Services, 21 Fla. L. Weekly D1817, 1996 WL 453438 (Fla. 1st DCA Aug.13, 1996). We accepted jurisdiction to answer the following questions certified to be of great public importance:

DOES THE TERM “STATEMENT” IN SECTION 90.803(23), FLORIDA STATUTES, PERMIT THE ADMISSION OF A CHILD VICTIM’S PRIOR UNSWORN STATEMENT WHICH IS INCONSISTENT WITH THE CHILD’S IN-COURT TESTIMONY, IF THE EVIDENCE SUPPORTS A DETERMINATION THAT THE EARLIER UNSWORN STATEMENT MEETS SUFFICIENT SAFEGUARDS OF RELIABILITY?

IF SECTION 90.803(23)…

2Cases cited31 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Idaho v. WrightSupreme Court of the United States · 1990
  3. Holly v. AuldSupreme Court of Florida · 1984
  4. Pardo v. StateSupreme Court of Florida · 1992
  5. Padgett v. Dept. of Health & Rehab. ServicesSupreme Court of Florida · 1991

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

3Cited by25 opinions

  1. State v. FuchsSupreme Court of Florida · 2000
  2. Conner v. StateSupreme Court of Florida · 1999
  3. State v. HubbardSupreme Court of Florida · 1999
  4. Smith v. StateDistrict Court of Appeal of Florida · 2004
  5. Barton v. StateDistrict Court of Appeal of Florida · 1997

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

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