THOMAS WORLAND, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Huggins v. State, 889 So. 2d 743 (Fla. 2004)
  …6 permits the introduction of a defendant’s felony convictions when the defendant elicits his or her own exculpatory, hearsay statement through another [*756] witness at trial. See Kelly v. State, 857 So. 2d 949 (Fla. 4th DCA 2003); Werley v. State, 814 So. 2d 1159 (Fla. 1st DCA 2002); Llanos v. State, 770 So. 2d 725 (Fla. 4th DCA 2000). Two of those decisions cite the following treatise passage concerning the functionally identical federal evidence provision: “A defendant who chooses not to testify but who su…

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• Moroni Lopez v. State, 888 So. 2d 693 (Fla. 1st DCA 2004)
  …8). The courts have declined to set a fixed amount of time that is sufficient for reflection, but have reasoned instead that the requisite time is a subjective matter that depends on the circumstances. See Rogers, 660 So. 2d at 240; Werley v. State, 814 So. 2d 1159, 1161 (Fla. 1st DCA 2002). With these guiding principles, the trial judge could properly conclude that the statement at issue was an excited utterance. The abduction at gunpoint was undoubtedly a startling event. Whether the declarant had enough ti…
• Moore v. State, 943 So. 2d 296 (Fla. 1st DCA 2006)
  …so Kelly v. State, 857 So. 2d 949, 950 (Fla. 4th DCA 2003) (allowing impeachment with prior criminal record [*298] because defense counsel, on cross-examination, elicited exculpatory statements defendant had made to police officer); Werley v. State, 814 So. 2d 1159, 1163 (Fla. 1st DCA 2002) (allowing introduction of husband’s prior criminal record for impeachment purposes due to wife testifying to husband’s exculpatory hearsay statements). See generally 5 Jack B. Weinstein & Margaret A. Berger, Weinstein’s Fed…

Authorities Cited

• Luckey v. State, 811 So. 2d 802 (Fla. 1st DCA 2002)