State v. Hernandez, SC04-1331.
| Decision Date | 01 September 2005 |
| Docket Number | No. SC04-1331.,SC04-1331. |
| Citation | 911 So.2d 95 |
| Parties | STATE of Florida, Petitioner, v. Eusebio HERNANDEZ, Respondent. |
| Court | Florida Supreme Court |
Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, and Richard L. Polin, Bureau Chief, Criminal Appeals, Miami, FL, for Petitioner.
Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Respondent.
We initially accepted jurisdiction to review State v. Hernandez, 875 So.2d 1271 (Fla. 3d DCA 2004), a decision alleged to be in express and direct conflict with State v. Palmore, 495 So.2d 1170 (Fla.1986), State v. Kleinfeld, 587 So.2d 592 (Fla. 4th DCA 1991), and State v. Richardson, 621 So.2d 752 (Fla. 5th DCA 1993). See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we have now determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
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Hernandez v. State
...review, see State v. Hernandez, 894 So.2d 972 (Fla.2005), the Florida Supreme Court discharged jurisdiction. See State v. Hernandez, 911 So.2d 95 (Fla.2005). On remand, the State argued that if codefendant Cuestas statements were redacted from the telephone the remaining statements of Herna......
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Crawford's impact on Florida criminal law: what's in and what's out in the world of hearsay.
...is subject to cross-examination. In State v. Hernandez, 875 So. 2d 1271 (Fla. 3d DCA 2004), rev. granted, 894 So. 2d 972, rev. dism'd., 911 So. 2d 95 (Fla. 2005), the court held that admission of a nontestifying co-defendant's out-of-court statement to the defendant during a police-controll......