SAMUEL YAMIL MENDEZ-CARMONA
v.
STATE OF FLORIDA
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Testimony that someone has given consent is not hearsay because the giving of consent is a verbal act.
[1] Testimony that a party gave consent is not hearsay because the giving of consent constitutes a verbal act rather than an assertion offered to prove the truth of the matte…
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Join FLexlaw to unlock all legal intelligence“[T]he giving of consent is a verbal act, and therefore testimony that someone has given consent is not hearsay.”
Court's explanation of the hearsay doctrine as applied to consent
Samuel Yamil Mendez-Carmona appealed a circuit court decision from Duval County. The case involved a hearsay objection related to testimony about cons…
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AFFIRMED. See State v. Welker, 536 So. 2d 1017, 1019-20 (Fla. 1988) (“[T]he giving of consent is a verbal act, and therefore testimony that someone has given consent is not hearsay.” (quoting Welker v. State, 504 So. 2d 802, 806 n.3 (Fla. 1st DCA 1987))). WETHERELL, BILBREY, and M.K. THOMAS, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Welker, 536 So. 2d 1017 (Fla. 1988)
- Welker v. State, 504 So. 2d 802 (Fla. 1st DCA 1987)