STATE OF FLORIDA, PETITIONER,
v.
GEORGE CHERRYHOMES, RESPONDENT
STATE OF FLORIDA, PETITIONER,
GEORGE CHERRYHOMES, RESPONDENT
647 So. 2d 841
Florida Supreme Court (1994)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
[*842] OVERTON, Justice.
We have for review Cherryhomes v. State, 635 So. 2d 985 (Fla. 2d DCA 1994), in which the district court of appeal certified the following question as one of great public importance:
DOES A FINDING OF INCOMPETENCY TO TESTIFY BECAUSE ONE IS UNABLE TO RECOGNIZE THE DUTY AND OBLIGATION TO TELL THE TRUTH SATISFY THE LEGISLATIVE “TESTIFY OR BE UNAVAILABLE” REQUIREMENT OF SECTION 90.803(23)(a)(2)?
Id. at 988. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question affirmatively in State v. Townsend, 635 So. 2d 949 (Fla.1994). Because the district court in this case reached a contrary conclusion, we quash the district court’s decision and remand this case for further proceedings consistent with our opinion in Townsend.
It is so ordered.
GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Health & Rehabilitative Servs. v. M.B., 701 So. 2d 1155 (Fla. 1997)…by the parent or parents or the custodian. . See Heuss v. State, 687 So. 2d 823 (Fla.1996); State v. Green, 667 So. 2d 756 (Fla.1995); Anderson v. State, 655 So. 2d 1118 (Fla.1995); State v. Dupree, 656 So. 2d 430 (Fla.1995); State v. Cherryhomes, 647 So. 2d 841 (Fla.1994); Young v. State, 645 So. 2d 965 (Fla.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. Jone…
Authorities Cited
- State v. Townsend, 635 So. 2d 949 (Fla. 1994)
- Cherryhomes v. State, 635 So. 2d 985 (Fla. 2d DCA 1994)