RALPH R. MAGNA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court addressed whether declarations against penal interest are admissible when the unavailability of the declarant is not established. Following Baker v. State, the court held that while such declarations are exceptions to the hearsay rule, admissibility requires proof that the declarant is unavailable to testify.
Declarations against penal interest are admissible as exceptions to the hearsay rule, but only when the party offering the out-of-court statement first establishes that the declarant is unavailable to testify. The trial court did not err in excluding the testimony because Magna failed to show Newton's unavailability.
[1] An admission against penal interest is admissible as an exception to the hearsay rule.
[2] Before an out-of-court statement constituting an admission against penal interest is admissible, the unavailability of the declarant to testify must be shown.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because we have concluded that admissions against interest need not be excluded as hearsay, testimony of persons who have heard a confession should be considered on motion for new trial, when the person confessing is unavailable to testify himself.”
Establishes the foundational rule from Baker v. State that declarations against penal interest are hearsay exceptions, but only when the declarant is unavailable.
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Join FLexlaw to unlock all legal intelligenceMagna was on trial for murder. He attempted to introduce testimony from Mrs. Brants that James Newton had made admissions and inculpatory statements r…
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DAUKSCH, Judge.
The issue in this case is the admissibility of a declaration against penal interest when the unavailability of the declarant is not shown. Mr. Justice Hatchett, speaking for our Supreme Court, answered the question in Baker v. State, 336 So. 2d 364 (Fla.1976), by saying at page 370:
“Because we have concluded that admissions against interest need not be excluded as hearsay, testimony of persons who have heard a confession should be considered on motion for new trial, when the person confessing is unavailable to testify himself.” (Emphasis added.)
In Baker, supra, it was alleged on a motion for new trial that J. E. Johnson had declared that Baker was innocent of the crime (according to Johnson’s wife) and that Johnson had committed the crime (according to Johnson’s mother-in-law). The appellant court reversed the Order for new trial because the newly discovered evidence, warranting the new trial,1 was inadmissible because it was hearsay. Our Supreme Court in reversing said admissions or declarations against penal interest are admissible as exceptions to the hearsay rule. Baker, supra.
In this case, at trial, Appellant tried to introduce evidence through testimony of Mrs. Brants that James Newton on various occasions had made admissions and other inculpatory statements regarding the murder for which Appellant was on trial. A proffer of her testimony was properly made and excluded from introduction before the jury.
Before an admission against penal interest is admissible it must be shown that the person confessing is unavailable to tes tify himself. The reason for such a requirement is obvious; if the person confessing is available to testify, he should be brought into court so the jury can hear his testimony directly. The burden of showing the unavailability of the declarant is on the party which offers the out-of-court statement. In the present case no attempt was made to establish the unavailability of the declarant; therefore, we find no error in the trial court’s rejection of the proffered testimony.
AFFIRMED.
ALDERMAN, C. J., and CROSS, J., concur. . Fla.R.Crim.P. 3.600.
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Jones v. State, 678 So. 2d 309 (Fla. 1996)…admissible, section 90.804(2) requires a showing that the declarant is unavailable as a witness. The party seeking to introduce a statement against penal interest bears the burden of establishing the unavailability of the declarant. Magna v. State, 350 So. 2d 1088,1089 (Fla. 4th DCA 1977). At the hearing on remand, the State repeatedly stated that Schofield was ready, willing, and able to testify.2 When the trial court questioned Jones’ lawyer as to why [*314] Schofield was not being called, counsel for the…
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Maudistine Lewis v. State, 425 So. 2d 197 (Fla. 3d DCA 1983)…70 (Fla.1973); Estrada v. State, 400 So. 2d 562 (Fla. 3d DCA 1981); Smith v. State, 376 [*198] So. 2d 455 (Fla. 1st DCA 1979); Houston v. State, 360 So. 2d 468 (Fla. 3d DCA 1978); Phillips v. State, 351 So. 2d 738 (Fla. 3d DCA 1977); Magna v. State, 350 So. 2d 1088 (Fla. 4th DCA 1977); Compare, State v. Green, 395 So. 2d 532 (Fla.1981).…
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Magna v. Dugger, 523 So. 2d 734 (Fla. 4th DCA 1988)…s corpus alleging ineffective assistance of appellate counsel and denial of due process rights, stemming from the same circumstances. Petitioner was convicted in 1976 of first degree murder, and this court affirmed his conviction in Magna v. State, 350 So. 2d 1088 (Fla. 4th DCA 1977). The issue in the appeal was whether the trial court had erred in excluding certain defense testimony as hearsay. The suppression of petitioner’s confessions was raised before trial, but not in the appeal. Petitioner was arreste…
Authorities Cited
- Baker v. State, 336 So. 2d 364 (Fla. 1976)