Legal Opinion

Hardy v. State

District Court of Appeal of Florida

Decided May 14, 2014No. 1D 13-0698PublishedCited by 2 opinions

1Opinion of the CourtPadovano, J.

The defendant appeals his conviction for unlawful possession of Methadone. We conclude that the trial court erred in admitting information from a computer database offered by the state to show that there was no record of a medical prescription for the drug. For the reasons that follow, we reject the state’s argument that the database qualified for admission under the hearsay exception for market reports and commercial publications. Because the database directly refuted defense testimony that the drug had been prescribed, and was therefore lawful, we are unable to conclude that the error was…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. State v. HearnsSupreme Court of Florida · 2007
  2. Fayad v. Clarendon Nat. Ins. Co.Supreme Court of Florida · 2005
  3. Graham v. HaridopolosSupreme Court of Florida · 2013
  4. HEALTH OPTIONS v. Palmetto Pathology Servs.District Court of Appeal of Florida · 2008
  5. Powell v. StateDistrict Court of Appeal of Florida · 2012

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3Cited by2 opinions

  1. People v. HardColorado Court of Appeals · 2014
  2. Romanyuk v. StateDistrict Court of Appeal of Florida · 2014

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