OTIS LAMAR TOWBRIDGE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Barron v. State, 990 So. 2d 1098 (Fla. 3d DCA 2007)
  …e questioning, we additionally conclude that they were nontestimonial in nature and, therefore, do not violate the Sixth Amendment or the holding in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). See Towbridge v. State, 898 So. 2d 1205, 1206 (Fla. 3d DCA 2005)(holding Crawford inapplicable to nontestimonial spontaneous statements); Herrera-Vega v. State, 888 So. 2d 66, 69 (Fla. 5th DCA 2004)(“Whatever the United States Supreme Court eventually decides ‘testimonial’ evidence consis…
• Shennett v. State, 937 So. 2d 287 (Fla. 4th DCA 2006)
  …tion or prosecution of a crime. It is this expectation that distinguishes a child’s spontaneous declaration to a parent, see Herrerar-Vega v. State, 888 So. 2d 66 (Fla. 5th DCA 2004), or a spontaneous statement in a 911 tape, see Towbridge v. State, 898 So. 2d 1205 (Fla. 3d DCA 2005), from a true testimonial statement, such as a witness statement to a police officer at the scene of a crime, see Lopez v. State, 888 So. 2d 693, 696-700 (Fla. 1st DCA 2004). The circumstances surrounding some types of out-of-court…
• Bartee v. State, 922 So. 2d 1065 (Fla. 5th DCA 2006)
  …and are admitted into evidence under those exceptions to the hearsay rule, the statements are not necessarily testimonial in nature. See Williams v. State, 909 So. 2d 599 (Fla. 5th DCA), review denied, 919 So. 2d 437 (Fla.2005); Towbridge v. State, 898 So. 2d 1205 (Fla. 3d DCA 2005); Herrera-Vega. See also U.S. v. Todd, 2005 WL 2673506 (11th Cir. Oct.20, 2005). The statements here, for example, were not made in response to police interrogation, and do not seem to fit any of the three categories set out in Cra…

Authorities Cited

• Crawford v. Washington, 541 U.S. 36 (U.S. 2004)
• Marcelino Herreravega v. State, 888 So. 2d 66 (Fla. 5th DCA 2004)