October 24, 2008

Thomas, 33 FLW 2439, 1st DCA, Hearsay-error to admit e-mail written by one employee of apt complex to another employee which stated that the resident victim called and said that she's had someone(def) living in her apt for the past year that is not on the lease and now she wants him out, but he refuses to lease-two levels of hearsay-e-mail is hearsay out-of-court statement being offered for the truth of the matter asserted-statements made by victim to author of e-mail were also hearsay-victim's statements do not qualify for hearsay exception in their own right-harmful error reasonable possibility it contributed to def's conviction

The Law Office of Roger P. Foley, P.A.