Claris Law Legal Blogging Community

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

Category: Legal Updates

Under Florida Statute 90.803(3)(a)2 when someone describes an intent to do an act and there is sufficient evidence to conclude that the act was executed the statement is admissable under the state of mind exception to the hearsay rule. Ibar v. State, 31 F.L.W. S149 (Fla. 3/9/2006) The defendant in Ibar was convicted of three counts of first degree murder. During the trial the State called a witness that testified that Alex Hernandez (a man the defense proposed committed the murders) intended to go out of town on the weekend of the murders. The State ultimately argued that Mr. Hernandez was properly ruled out as a suspect because he was out of town. The Florida Supreme Court ruled that the statement made by the state's witness was hearsay because there was no evidence introduced by the state that supported the declarant's (Hernandez) intent to actually go to North Carolina.

The Court stated, "that statements admitted under the state of mind exception to the hearsay rule are properly admitted only if they (1) involve the state of mind of the declarant and (2) there is evidence demonstrating that the declarant acted in accord with the state of mind or intent." Even though the Court ruled that the trial court should not have admitted the evidence under the state of mind exception to the hearsay rule it was determined that the error was harmless.