Barnes v. State

2 Citing cases

  1. C.W. v. State

    793 So. 2d 74 (Fla. Dist. Ct. App. 2001)   Cited 4 times
    Applying standard from Arroyo to hold that trial court was presumed to disregard hearsay statements in a probable cause affidavit where the record did not establish that the judge relied on the affidavit in any way and the trial judge stated that his decision would be based solely on the evidence presented

    C.W.'s assertion that judges treat inadmissible evidence the same as juries is misplaced. We deem Barnes v. State, 589 So.2d 988 (Fla. 1st DCA 1991), and other authority relied on by C.W., inapposite here, as the evidence was not presented to a jury. Clearly, judges are in a better position to discard contested evidence.

  2. Fletcher v. Metro Dade Police Dept

    593 So. 2d 266 (Fla. Dist. Ct. App. 1992)   Cited 3 times

    The most obvious error being the introduction and reliance on multiple level hearsay evidence. See, e.g., Barnes v. State, 589 So.2d 988 (Fla. 1st DCA 1991). Both the order of forfeiture below and the majority opinion rely on the hearsay evidence to find a nexus between the money and illegal drug activity.