G.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that while the trial court's finding of reliability for child hearsay statements was conclusory and inadequate, the error was harmless because sufficient other evidence supported the verdict.
[1] Courts must make specific findings of fact on the record regarding the reliability of child hearsay statements, and conclusory assertions of reliability are insufficient.
[2] The admission of child hearsay statements without specific findings of reliability can be harmless error if the State demonstrates that the error did not contribute to th…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant was charged with sexual battery on a child. The child testified directly about the abuse and also made hearsay statements to her mother. The…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Child Hearsay Statements cases and more on FLexlaw
HAWKES, J.
Appellant, G.H., challenges his delinquency adjudication on two grounds. First, Appellant challenges the trial court’s finding that the child witness was competent to testify. We affirm this issue without comment. Second, Appellant argues the trial court’s findings of reliability pertaining to child hearsay statements were insufficient. We agree. However, under the facts of this case, the error was harmless. Accordingly, we affirm.
FACTUAL & PROCEDURAL HISTORY
Appellant was charged with sexual battery on a child under the age of twelve, and a bench trial was held. Over objection, the child directly testified in detail about alleged incidents of sexual abuse by Appellant, using male and female dolls, and pictures the child had previously drawn. Although when compared to her prior deposition testimony, the child testified inconsistently about some issues, the child’s description of the alleged sexual abuse remained consistent.
The child’s mother testified that, after she noticed a change in the child’s behavior, she asked the child whether anyone had touched her in an improper way. The child told her mother that someone with Appellant’s first name touched her, and the child was afraid to reveal this information because that person threatened her. At this point, defense counsel asked for a ruling on child hearsay statements. After the court noted it would allow the testimony, the State asked: “Your honor, is the Court ruling that the statements are reliable and trustworthy, and therefore they are able to be admitted into evidence?” The court responded: “I find specifically that the statements are reliable and trustworthy, the testimony I’ve heard in this trial thus far.” Ultimately, Appellant was adjudicated delinquent. REQUIREMENTS FOR ADMISSION OF CHILD HEARSAY
When determining whether to admit child hearsay statements regarding abuse (here, the mother’s testimony), courts must find the time, content, and circumstances of the statement provide sufficient safeguards of ' reliability. See § 90.803(23)(a)(l), Fla. Stat. (2004); State v. Townsend, 635 So. 2d 949, 954 (Fla.1994). Both statutory and case law provide suggested factors for courts to consider in making this determination. See § 90.803(23)(a)(l), Fla. Stat.; Townsend, 635 So. 2d at 957-58. However,, in all cases, courts must make specific findings of fact, on the record, regarding the reliability of the statement. See § 90.803(23)(c), Fla. Stat. (2004). Conclu-sory assertions of reliability, or boilerplate recitations of the statutory language are insufficient. See Townsend, 635 So. 2d at 958; Hopkins v. State, 632 So. 2d 1372, 1376-77 (Fla.1994); Barton v. State, 704 So. 2d 569, 575 (Fla. 1st DCA 1997); Mathis v. State, 682 So. 2d 175, 179 (Fla. 1st DCA 1996); Griffin v. State, 526 So. 2d 752, 757-58 (Fla. 1st DCA 1988).
Here, the trial court’s statement: “I find specifically that the statements are reliable and trustworthy, the testimony I’ve heard in this trial thus far,” was con-clusory and inadequate. See Townsend, 635 So. 2d at 957. Thus, we must determine whether there is a reasonable possibility that this error affected the verdict. See State v. DiGiulio, 491 So. 2d 1129, 1139 (Fla.1986). The burden to show the error was harmless remains with the State. See id.
In a case very similar to this one, where the State’s case rested primarily on a child’s direct testimony, corroborated by the child’s hearsay statements, we found the absence of specific findings of reliability to be harmful. See Mathis, 682 So. 2d at 179-80. We opined that, because the child’s direct testimony was “vague and confused,” the jury might have given considerable weight to the hearsay statements, which were recited by. a law enforcement officer. Id. at 179. Conversely, here, the child’s statements of abuse remained consistent, and the trial court was the fact-finder. Thus Mathis is both factually and procedurally distinguishable.
Although harmful error has been found in non-jury cases where the court failed to make specific findings of reliability, those cases are also factually distinguishable because, in each case, the child was unavailable to testify.1 See In the Interest of R.L.R., 647 So. 2d 251 (Fla. 1st DCA 1994); In the Interest of D.P., 709 So. 2d 633 (Fla. 2d DCA 1998); A.E. v. State, 668 So. 2d 704 (Fla. 5th DCA 1996).
Here, even without the hearsay statements, the trial court had the child’s direct testimony, prior deposition testimony, and drawings to consider. We find these facts and this record sufficient to conclude, beyond a reasonable doubt, that the mother’s hearsay testimony did not contribute to the verdict, thus rendering admission of the hearsay statements harmless. See DiGuilio, 491 So. 2d at 1139. The adjudication of delinquency is AFFIRMED.
ERVIN and DAVIS, JJ., Concur. . Although we found harmful error where a child directly testified in a non-jury case, that decision was based on a review -of the record, and no details were provided. See M.W. v. Dep’t of Health and Rehab. Servs., 651 So. 2d 754, 755 (Fla. 1st DCA 1995). Thus, that case presents no guidance here.
In other non-jury cáses where the child directly testified, the lower courts made sufficient findings, thus no harmless error analysis was required. See Dep’t of Health and Rehab. Servs. v. M.B., 701 So. 2d 1155, 1160-62 (Fla.1997); M.H. v. Dep't of Health and Rehab. Servs., 703 So. 2d 1195, 1198 (Fla. 1st DCA 1997)..
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bernardino Cabrera v. State, 206 So. 3d 768 (Fla. 1st DCA 2016)…So. 3d at 651; Elghomari, 66 So. 3d at 419-20; Reynolds v. State, 660 So. 2d 778, 779-80 (Fla. 4th DCA 1995), and they have rejected those with only boilerplate findings or no findings at all, see, e.g., Feller, 637 So. 2d at 915-16; G.H. v. State, 896 So. 2d 833, 835 (Fla. 1st DCA 2005). This case falls somewhere in between. Any one of the defects identified above considered alone—or even some combination of them considered together—might have allowed the trial court’s ultimate conclusion. The abuse of disc…
-
Roberts v. State, 43 Fla. L. Weekly S34 (Fla. 3d DCA 2018)…the statements were not improperly influenced. These findings, which focus on the facts of this case and fill four-and-a-half transcript pages, are certainly not the type of boilerplate findings that warrant a reversal. See, e.g., G.H. v. State, 896 So. 2d 833, 835 (Fla. 1st DCA 2005) (“Here, the trial court’s statement: ‘I find specifically that 12 the statements are reliable and trustworthy, the testimony I’ve heard in this trial thus far,’ was conclusory and inadequate.”); Hopkins v. State, 632 S…
-
Vashey v. State, 10 So. 3d 1105 (Fla. 5th DCA 2009)…[*1106] PER CURIAM. AFFIRMED. G.H. v. State, 896 So. 2d 833 (Fla. 1st DCA 2005). SAWAYA, TORPY and EVANDER, JJ, concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- State v. Townsend, 635 So. 2d 949 (Fla. 1994)
- Hopkins v. State, 632 So. 2d 1372 (Fla. 1994)
- Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988)
- Dep't of Health & Rehabilitative Servs. v. M.B., 701 So. 2d 1155 (Fla. 1997)
- Barton v. State, 704 So. 2d 569 (Fla. 1st DCA 1997)
- Mathis v. State, 682 So. 2d 175 (Fla. 1st DCA 1996)
- IN the Interest OF R.L.R., 647 So. 2d 251 (Fla. 1st DCA 1994)
- M.W. v. Dep't of Health & Rehabilitative Servs., 651 So. 2d 754 (Fla. 1st DCA 1995)
- A.E. v. State, 668 So. 2d 704 (Fla. 5th DCA 1996)