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Elmer v. State

Florida District Court of Appeal
114 So. 3d 198 (2012)

Written by Nathan Benedict, JD

Facts

Russell Elmer (defendant) was convicted of sexual battery on a child less than 12 years old. The only issue at trial was whether the abuse began before the victim turned 12. At trial, the victim testified that Elmer began abusing her when she was 11 years old. Elmer sought to introduce a police report in which the victim had stated that the abuse began after she turned 12. The trial court excluded the report as hearsay. Elmer was convicted and appealed.

Rule of Law

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Issue

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Holding and Reasoning (Cohen, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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