MERRILL P. ROLAND, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Brooks v. State, 787 So. 2d 765 (Fla. 2001)
  …g., Calvert v. State, 730 So. 2d 316, 319 (Fla. 5th DCA 1999); Burnside v. State, 656 So. 2d 241, 245 (Fla. 5th DCA 1995); Usher v. State, 642 So. 2d 29, 31 (Fla. 2d DCA 1994); Moore v. State, 503 So. 2d 923, 924 (Fla. 5th DCA 1987); Wells v. State, 492 So. 2d 712, 719 (Fla. 1st DCA 1986). The State has demonstrated no basis in the record for a contrary holding here. In Wells, the First District specifically held that “statements made which tend to shield ‘coconspirators’ after the objective of the conspirac…
• Lazarowicz v. State, 561 So. 2d 392 (Fla. 3d DCA 1990)
  …sexual battery prosecution, Jennifer’s state of mind was not an issue in the case, and therefore her prior consistent statements were not admissible under section 90.803(3). See Kingery v. State, 523 So. 2d 1199 (Fla. 1st DCA 1988); Wells v. State, 492 So. 2d 712 (Fla. 1st DCA), review denied, 501 So. 2d 1283 (Fla.1986). Jennifer’s out-of-court statements to her boyfriend and stepmother were admitted based on the trial judge’s ruling that the witnesses could testify as to the fact that Jennifer had reported…
• Kingery v. State, 523 So. 2d 1199 (Fla. 1st DCA 1988)
  …uture intent to perform an act that is at issue in the case, or (2) the statement shows the declarant’s state of mind when the statement was made or at any other time when that state is an issue in the case. Correll, 13 F.L.W. at 35; Wells v. State, 492 So. 2d 712, 716 (Fla. 1st DCA) review denied, 501 So. 2d 1283 (Fla.1986); Morris v. State, 456 So. 2d 471, 474-476 (Fla. 3d DCA 1984), rev’d, 487 So. 2d 291 (Fla.1986); Ehrhardt, Florida Evidence § 803.3a (2d Ed.1984); Dobson, Evidence, 11 Nova L.J. 1291, 1391…