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Johnson v. State

District Court of Appeal of Florida, Fourth District
Jan 11, 1989
534 So. 2d 1212 (Fla. Dist. Ct. App. 1989)

Summary

In Johnson, the court of appeal concluded that Fla. Stat. § 90.403 barred a tape recording of a stabbing victim's last moments before death from being introduced at trial.

Summary of this case from Valle v. Crosby

Opinion

No. 87-1201.

November 30, 1988. Rehearing Denied January 11, 1989.

Appeal from the Circuit Court, Palm Beach County, Edward Fine, J.

Bert Winkler of Mitchell, Hanser, Schwartz Winkler, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mardi Levey Cohen, Asst. Atty. Gen., West Palm Beach, for appellee.


REVERSED. We agree with appellant that the trial court erred in admitting into evidence a tape made by police at the stabbing victim's deathbed which recorded the anguished sounds of the victim in his last moments of life. See § 90.403, Fla. Stat. (1987); Young v. State, 234 So.2d 341 (Fla. 1970). Although the issue is extremely close, we reject appellant's claim that the trial court erred in denying his motion for judgment of acquittal based upon his defense of self-defense.

HERSEY, C.J., and ANSTEAD and GUNTHER, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Fourth District
Jan 11, 1989
534 So. 2d 1212 (Fla. Dist. Ct. App. 1989)

In Johnson, the court of appeal concluded that Fla. Stat. § 90.403 barred a tape recording of a stabbing victim's last moments before death from being introduced at trial.

Summary of this case from Valle v. Crosby
Case details for

Johnson v. State

Case Details

Full title:MICHAEL J. JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 11, 1989

Citations

534 So. 2d 1212 (Fla. Dist. Ct. App. 1989)

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