MARTIN DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Martin Davis appealed his armed robbery and attempted first-degree murder convictions, arguing that the trial court erred by admitting police detective testimony that inescapably suggested a non-testifying witness identified the getaway vehicle. The appellate court agreed, finding the testimony violated the defendant's confrontation rights and constituted inadmissible hearsay, requiring reversal and a new trial.
The court held that where the inescapable inference from police testimony is that a non-testifying witness furnished evidence of the defendant's guilt, the testimony is hearsay and violates the defendant's confrontation rights, regardless of whether the actual statements of the non-testifying witness are repeated. The testimony was inadmissible, and the error was not harmless where the defendant presented a strong alibi defense and the only other evidence of guilt was arguably impeached victim identification testimony.
[1] Testimony is inadmissible hearsay when the inescapable inference is that a non-testifying witness furnished the police with evidence of the defendant's guilt, even if the…
[2] A police officer's testimony that an area canvass of witnesses led to a lead and the subsequent discovery of evidence directly linking the defendant to the crime constitu…
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Join FLexlaw to unlock all legal intelligence“We hold that where, as in the present case, the inescapable inference from the [challenged] testimony is that a non-testifying witness has furnished the police with evidence of the defendant's guilt, the testimony is hearsay, and the defendant's right of confrontation is defeated, notwithstanding that the actual statements made by the non-testifying witness are not repeated.”
States the controlling rule of evidence governing when police testimony about witness statements constitutes hearsay violating confrontation rights
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Join FLexlaw to unlock all legal intelligenceDetective Thomas Pellechio testified that on December 20, 1983, shortly after an armed robbery and attempted murder, he conducted an "area canvass" in…
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PER CURIAM.
This is an appeal from judgments of conviction and sentences for armed robbery and attempted first-degree murder. The sole point on appeal is that the trial court committed reversible error in admitting certain testimony of a police officer which, it is urged, inescapably indicated that a non-testifying witness furnished the police with evidence of the defendant’s guilt. We agree and reverse for a new trial.
At the trial of the cause, Detective Thomas Pellechio of the Metro-Dade Police Department testified, over objection, that on December 20, 1983, he conducted an “area canvass” of the neighborhood where the armed holdup and attempted murder had taken place shortly after the offense, that he asked fifteen to twenty people if they had seen anything pertaining to the incident, that he then developed a lead from this canvass and began looking for a 1974-1976 blue over white AMC automobile, and that he later located such an automobile parked in front of the defendant Martin Davis’ house. This was the reason, he testified, that he placed the defendant’s photograph in two photo lineups in which the victim of the robbery herein made an identification of the defendant. The prosecuting attorney made certain references to this evidence, over objection, during opening statement to the jury; the trial court later denied a defense motion in limine to suppress such testimony; and the testimony was admitted before the jury over specific defense objection.
The case is controlled by Postell v. State, 398 So. 2d 851, 854 (Fla. 3d DCA), pet. for review denied, 411 So. 2d 384 (Fla.1981), where we announced the following well-established rule of evidence:
“We hold that where, as in the present case, the inescapable inference from the [challenged] testimony is that a non-testifying witness has furnished the police with evidence of the defendant’s guilt, the testimony is hearsay, and the defendant’s right of confrontation is defeated, notwithstanding that the actual statements made by the non-testifying witness are not repeated.” (footnotes omitted).
We reversed Postell’s robbery conviction based on the erroneous admission of the testimony by a police detective that he spoke to a woman at the scene of the robbery within minutes after the robbery, and based on this conversation, proceeded to another location and arrested the defendant. Plainly, the inescapable inference from such testimony was that a non-testifying witness at the scene had furnished the police with evidence of the defendant’s guilt which led them directly to' the defendant.
The same is true of the challenged testimony in the instant case. A police detective testified that shortly after an armed robbery he spoke to fifteen to twenty witnesses in the vicinity of the robbery, that he developed a lead on a particu lar automobile as a result of speaking to these non-testifying witnesses, and that he traced this automobile to a location directly in front of the defendant’s house. Plainly, the inescapable inference from such testimony was that a non-testifying witness had furnished evidence of guilt to the police— namely, a description of the getaway car in the robbery — which led the police directly to the defendant. Based on the indistinguishable authority of Postell, this testimony constituted inadmissible hearsay evidence. This result is not changed by the fact that the challenged evidence explained why the detective placed the defendant’s photo in the photo lineup because the detective’s motivation for so doing was entirely irrelevant to the case.
Moreover, the evidentiary error was extremely prejudicial to the defendant — especially where (a) the defendant mounted a strong alibi defense at trial in which five witnesses, including the defendant himself, testified in support thereof, and (b) the sole evidence of guilt, aside from the inadmissible hearsay, was the identification testimony of the victim of the robbery, which identification was arguably impeached, in part, on cross examination. The evidentiary error here was therefore not a harmless error in the context of this case. See Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981).
The final judgments of conviction and sentences under review are reversed and the cause is remanded to the trial court for a new trial.
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Emilio Jimenez v. State, 535 So. 2d 343 (Fla. 2d DCA 1988)…e the only evidence that appellant conspired with his brother to commit the offense. The introduction of the informant’s testimony through other witnesses effectively deprived appellant of the right to confront witnesses against him. Davis v. State, 493 So. 2d 11 (Fla. 3d DCA 1986); Beatty v. State, 486 So. 2d 59 (Fla. 4th DCA 1986); Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981), rev. den., 411 So. 2d 384 (Fla.1981). Accordingly, we reverse appellant’s conviction for conspiracy to traffic in cocaine.…
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Lidiano v. State, 967 So. 2d 972 (Fla. 3d DCA 2007)…he witness does not quote or paraphrase the extrajudicial statement, when the inference to be drawn by the testimony is that an out-of-court declarant implicated the defendant in a crime, the testimony is hearsay and inadmissible.”); Davis v. State, 493 So. 2d 11, 13 (Fla. 3d DCA 1986) (holding that police officer’s testimony was inadmissible hearsay where “the inescapable inference from such testimony was that a non-testifying witness had furnished evidence of guilt to the police”); Postell v. State, 398 So…
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Trotman v. State, 652 So. 2d 506 (Fla. 3d DCA 1995)…2d 851, 855 (Fla. 3d DCA 1981) (citing State v. Bankston, 63 N.J. 263, 307 A. 2d 65 (1973)), review denied, 411 So. 2d 384 (Fla.1981); accord Bell v. State, 595 So. 2d 232 (Fla. 3d DCA 1992), review denied, 604 So. 2d 488 (Fla.1992); Davis v. State, 493 So. 2d 11 (Fla. 3d DCA 1986); Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981); see State v. Baird, 572 So. 2d 904 (Fla.1990). This principle is clearly applicable here. Moreover, since the only other evidence against the defendant was a victim identificatio…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)
- Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981)