HUDSON

v.

MISSISSIPPI

Citator

Cited By (94 total)

• Downs v. State, 574 So. 2d 1095 (Fla. 1991)
  …622 F. 2d 985, 991 (9th Cir.) (under Federal Rule of Evidence 803(3), where state of mind is at issue, court must determine if declarant’s state of mind at the time of declaration is relevant to his state of mind at the time in issue), cert. denied, 449 U.S. 1016, 101 S.Ct. 578, 66 L.Ed.2d 476 (1980). Notwithstanding, we conclude that the exclusion of the testimony constituted harmless error. In light of the evidence describing how the murder was committed, Downs’ earlier statements would have had minimal p…
• City OF Edgewater v. Montesano, 477 So. 2d 54 (Fla. 5th DCA 1985)
  …JJ., concur. . See Bennett v. City of Slidell, 728 F. 2d 762 (5th Cir.1984), cert. den., — U.S. -, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985); Herrera v. Valentine, 653 F. 2d 1220 (8th Cir.1981); Turpin v. Mailet, 619 F. 2d 196 (2d Cir.1980), cert. den., 449 U.S. 1016, 101 S.Ct. 577, 66 L.Ed.2d 475 (1980).…
• Garmon v. State, 519 So. 2d 685 (Fla. 1st DCA 1988)
  …ictim was killed. We hold that the statement sought to be introduced was inadmissible hearsay and does not fall within the “state of mind” exception as argued by the appellant. See United States v. Ponticelli, 622 F. 2d 985 (9th Cir.), cert. denied, 449 U.S. 1016, 101 S.Ct. 578, 66 L.Ed.2d 476 (1980); Section 90.803(3)(b), Florida Statutes. AFFIRMED. SMITH, C.J., and NIMMONS, J., concur.…