Legal Opinion

Morrison v. State

District Court of Appeal of Florida

Decided October 29, 2014No. 2D13-1709PublishedCited by 4 opinions

1Opinion of the Court

ALTENBERND, Judge.

Roger Peter Morrison appeals his judgments and sentences for battery of a law enforcement officer and obstructing or opposing an officer with violence. The only issue raised on appeal is the trial court’s decision to admit, as an excited utterance, a digital recording of a 911 telephone call from an alleged victim of domestic violence. See § 90.803(2), Fla. Stat. (2012). Mr. Morrison is correct that the trial court erroneously failed to conduct the hearing or make the required predicate findings described in Tucker v. State, 884 So.2d 168, 173 (Fla. 2d DCA 2004), before…

2Cases cited2 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Tucker v. StateDistrict Court of Appeal of Florida · 2004

3Cited by4 opinions

  1. Roop v. StateDistrict Court of Appeal of Florida · 2017
  2. Livingston v. StateDistrict Court of Appeal of Florida · 2017
  3. Livingston v. StateDistrict Court of Appeal of Florida · 2017
  4. Roop v. StateDistrict Court of Appeal of Florida · 2017

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