MATTHEWS

v.

OLSON

Citator

Cited By

• MacIas v. State, 515 So. 2d 206 (Fla. 1987)
  …Court on petition for review of the decision of the Fourth District Court of Appeal in State v. Macias, 481 So. 2d 979 (Fla. 4th DCA 1986). Because we find that the decision conflicts with Machín v. State, 213 So. 2d 499 (Fla. 3d DCA), cert denied, 221 So. 2d 747 (Fla. 1968), and Wells v. State, 468 So. 2d 1087 (Fla. 3d DCA 1985), we have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court of appeal overturned the decision of a circuit court, which had in its appellate capacity reversed the petit…
• State v. MacIas, 481 So. 2d 979 (Fla. 4th DCA 1986)
  …ts served only to demonstrate respondent’s current physical characteristics and capabilities and, as stated by the trial judge, were allowed only for that limited purpose. We note that in Machin v. State, 213 So. 2d 499 (Fla. 3d DCA), cert. denied, 221 So. 2d 747 (Fla.1968), the court found that if the defendant demonstrated his running gait to the jury he would be subject to cross-examination because the running gait would be a form of testimony where witnesses had testified that the person who committed th…
• Thomas v. State, 439 So. 2d 245 (Fla. 5th DCA 1983)
  …here would not be “testimonial.” See, e.g., United States ex rel. Mitchell v. Pinto, 438 F. 2d 814 (3d Cir.1971), cert. denied, 402 U.S. 961, 91 S.Ct. 1622, 29 L.Ed.2d 124 (1971). But see, Machin v. State, 213 So. 2d 499 (Fla. 3d DCA), cert. denied, 221 So. 2d 747 (Fla.1968). But that fact does not, ipso facto, render such evidence admissible at trial in the absence of any qualifying predicate. It would be difficult to fault a trial judge for denying a formal introduction of physical evidence with absolutely…

Authorities Cited

• Mosley v. M. R. & R. Trucking Co., Inc., 212 So. 2d 357 (Fla. 1st DCA 1968)