Herrera v. Cannon

1 Citing case

  1. Wright v. Secretary, Department of Corrections

    Case No. 8:10-cv-770-T-33TGW (M.D. Fla. Jul. 13, 2011)   Cited 1 times

    The victim's out-of-court statements fall within firmly rooted exceptions to the hearsay rule, as the statements qualified as either excited utterances or statements made for medical diagnosis or treatment. Crawford is inapplicable to "firmly rooted" hearsay exceptions. See United States v. Baker, 432 F.3d 1189, 1204-1205 (11th Cir. 2005); Herrera v. Cannon, 2010 WL 2731850 at *8 (M.D. Fla. July 9, 2010); Sproule v. State, 927 So. 2d 46, 47-48 (Fla. 4th DCA 2006). Because all of the out-of-court statements in the instant case fell within firmly rooted exceptions to the hearsay rule, they were admissible.