BURTON LIEBERMAN, ET AL., APPELLANTS,

v.

METROPOLITAN DADE COUNTY, APPELLEE

Citator

Cited By

• Hadden v. State, 690 So. 2d 573 (Fla. 1997)
  …WELLS, Justice. We have for review the decisions of the First District Court of Appeal in Hadden v. State, 670 So. 2d 77 (Fla. 1st DCA 1996) (en banc), and the Fifth District Court of Appeal in Beaulieu v. State, 671 So. 2d 807 (Fla. 5th DCA 1996), certifying the following question to be of great public importance: IN VIEW OF THE SUPREME COURT’S HOLDING IN TOWNSEND V. STATE, DOES FLANAGAN V. STATE, REQUIRE APPLICATION OF THE FRYE STANDARD OF ADMISSIBILITY TO TESTIMONY BY…

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• Smith v. State, 674 So. 2d 791 (Fla. 5th DCA 1996)
  …y than not that a crime was committed against this child and/or that Smith committed it. Since the testimony was irrelevant, it was inadmissible regardless of whether or not the Frye2 test should be applied in cases like this. See Beaulieu v. State, 671 So. 2d 807 (Fla. 5th DCA, 1996). To the extent the testimony was intended to show a propensity on the part of the child to be victimized, it was inadmissible character evidence. See Flanagan v. State, 625 So. 2d 827, 829 (Fla.1993) (character of the accused).…

Authorities Cited

• Reasbeck v. State of Fla. ex rel. Jessie Wallace, Jr., 275 So. 2d 253 (Fla. 1973)
• Carpenter v. Dade Cnty., 269 So. 2d 775 (Fla. 3d DCA 1972)
• Williams v. State, 487 So. 2d 94 (Fla. 3d DCA 1986)
• Milton v. Milich and Sylvia Milich, 263 So. 2d 263 (Fla. 3d DCA 1972)