State v. Elkin

I respectfully dissent.

My quarrel with the majority opinion deals not with the legal analysis of the issue we face, but rather with the factual determination that the “statement” sought to be admitted is an “admission.” Because I don’t believe that the statement constitutes an “admission,” I find that the rule governing admissions, and the cases cited for the proposition that admissions are excepted from the hearsay rule, do not control the determination of this case.

Appellee was previously convicted of the murder of her husband. In Elkin v. State, 531 So.2d 219 (Fla. 3d DCA 1988), this court…