Legal Opinion

Banks v. State

District Court of Appeal of Florida

Decided December 31, 1997No. 97-405Published

1Per curiam

Of the several issues raised by the defendant on this appeal from his sexual battery convictions, the only one which merits specific attention is the claim that the physician to whom the alleged rape was reported was improperly allowed to testify that the victim identified Banks as the perpetrator. Because the point was not properly preserved below by a specific and timely objection, Douglas v. State, 328 So.2d 18 (Fla.), cert. denied, 429 U.S. 871, 97 S.Ct. 185, 50 L.Ed.2d 151 (1976); Hoyt v. State, 119 So.2d 691 (Fla.1959), aff'd, 368 U.S. 57, 82 S.Ct. 159, 7 L.Ed.2d 118 (1961); Russell v.…

2Cases cited9 opinions

  1. Oregon v. KennedySupreme Court of the United States · 1982
  2. Hoyt v. FloridaSupreme Court of the United States · 1961
  3. Faison v. StateSupreme Court of Florida · 1983
  4. Douglas v. StateSupreme Court of Florida · 1976
  5. Hoyt v. StateSupreme Court of Florida · 1959

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