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Bryant v. State
Florida District Court of Appeal
98 So. 3d 1252 (2012)
David Bryant (defendant) was charged with battery of a police officer, among other crimes. At trial, Bryant sought to introduce a 911 call he made around the time the incident occurred. On the call, Bryant stated that he had an emergency because a police officer had just tried to run him over while he was riding his bike. He also stated, “[r]ight now my hands are on my head.” Bryant sought to introduce the statement as an excited utterance, an exception to the hearsay rule. Bryant did not plan to testify at trial, and the trial court ruled that without the testimony of someone who observed the incident and the resulting availability for cross-examination, the statements in the call were not admissible. Bryant was convicted, and he appealed.
Rule of Law
Holding and Reasoning (Stevenson, J.)
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