Claris Law Legal Blogging Community

Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Legal Updates

Florida's Supreme Court recently specified what would qualify as non-hearsay with regards to statements of identification. Ibar v. State, 31 F.L.W. S149, (Fla. 3/9/2006). Many courts have permitted witnesses to testify to out of court statements of identification made by victims without regard to circumstances of the statements. The Court in analysing section of 90.801(2)(c) of Florida's evidence code concluded that the only statements that would qualify as non-hearsay under that section would be one that occurred shortly after the victim actually observed, or "perceived" the person being identified. The Court felt that this type of statement is non-hearsay only when shortly after the criminal episode the victim sees the defendant and says, "that's the man". "To extend the rule that far would permit countless repetitions by a witness to others, regardless of time and place, of the witnesses' belief as to the guilty party, a result we do not believe intended by the drafters of the rule".