STATE OF FLORIDA, PETITIONER,
v.
MARTIN DAVID KOPKO, RESPONDENT

Fla. | 1992-03-26
No. 77887
SHAW, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur.
596 So. 2d 669 Florida Supreme Court (1992) Negative Treatment
Cited by 10 cases


Opinion of the Court
BARKETT, Justice.

BARKETT, Justice.

We have for review Kopko v. State, 577 So. 2d 956, 963 (Fla. 5th DCA 1991), in which the district court certified the following question of great public importance:1.

In a case in which the child victim of a sexual offense testified fully and completely at trial as to the offense perpetrated upon him or her, can it constitute reversible error to admit, pursuant to section 90.803(23), Florida Statutes , prior, consistent out-of-court statements of the child which were cumulative to the child’s in-court testimony or merely bolstered it?

We disapproved the district court’s opinion in Kopko in Pardo v. State, 596 So. 2d 665 (Fla.1992). We therefore quash the opinion below on the certified question, and remand for proceedings consistent with our decision in Pardo.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.


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Citator

Cited By

  • …la.1994); Seifert v. State, 636 So. 2d 716 (Fla.1994); Feller v. State, 637 So. 2d 911 (Fla.1994); State v. Townsend, 635 So. 2d 949 (Fla.1994); Hopkins v. State, 632 So. 2d 1372 (Fla.1994); State v. Jones, 625 So. 2d 821 (Fla.1993); State v. Kopko, 596 So. 2d 669 (Fla.1992); Pardo v. State, 596 So. 2d 665 (Fla. 1992); Perez v. State, 536 So. 2d 206 (Fla.1988); Glendening v. State, 536 So. 2d 212 (Fla.1988); State v. Jano, 524 So. 2d 660 (Fla.1988). There is an on going debate about the reliability of childr…
  • Pease v. State, 712 So. 2d 374 (Fla. 1997)
    …is committed where a trial judge orally pronounces departure reasons at sentencing but does not reduce them to writing until five business days later. Moreover, this rule has been applied to both upward and downward departures. In Whipple v. State, 596 So. 2d 669 (Fla.1992), we held that even though the judge orally stated the reasons for a downward departure, the failure to provide contemporaneous written reasons invalidated the departure. See also Branam v. State, 554 So. 2d 512, 513 (Fla.1990) (“Unless up…
  • Adkins v. State, 605 So. 2d 915 (Fla. 1st DCA 1992)
    …Judge. Raising two points on appeal, appellant, Wayne Adkins, seeks review of his conviction on four counts of sexual battery upon a child under twelve years of age. We affirm. Citing to Kopko v. State, 577 So. 2d 956 (Fla. 5th DCA 1991), quashed, 596 So. 2d 669 (Fla.1992), appellant first argues that the trial court erred in permitting more than one witness to testify as to the child victim’s prior consistent statements regarding sexual abuse. We find no merit in this argument and affirm on this point with…

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