Joseph Eli Bearden v. State of Florida

Joseph Eli Bearden (Bearden) seeks review of the decision of the Second District Court of Appeal in Bearden v. State, 62 So.3d 656 (Fla. 2d DCA 2011), on the ground that it expressly and directly conflicts with a decision of another district court of appeal, DeWolfe v. State, 62 So.3d 1142 (Fla. 1st DCA 2011), on a question of law. Specifically, the district courts reached conflicting decisions on whether the judge or jury is charged with determining the credibility of an in-court witness testifying as to an out-of-court statement against penal interest made by a third party. We have…