Supreme Court of Florida

Baker v. State

July 28, 1976336 So. 2d 364

Summary

The Florida Supreme Court reinstated the trial court’s grant of a new trial for Baker, holding that statements against penal interest are admissible hearsay and that the trial judge did not abuse discretion in granting the new trial. The Court rejected the First District’s limitation that such statements must involve pecuniary interest and affirmed the broader declaration‑against‑interest exception. It also reversed the appellate court’s reversal, remanding with instructions to reinstate the new‑trial order.

Holding

  • Whether statements like those of Mrs. Brown fall within the declaration‑against‑penal‑interest hearsay exception in Florida. Florida recognizes the declaration‑against‑penal‑interest exception; such statements are admissible hearsay and need not be excluded.
  • Whether the trial judge abused his discretion in granting a new trial on the basis of newly discovered evidence. The trial judge did not abuse discretion; the grant of a new trial is entitled to a strong presumption of correctness.
  • Whether the appellate court erred in reversing the trial court’s grant of a new trial. The appellate court’s reversal is reversed; the order granting a new trial is reinstated.

Docket 48243

Cited authorities

  • Rule 804(b)(3)
  • Rule 3.600(a)(3)
  • Rule 3.600
  • Section 2.01, Florida Statutes
  • Rule 63(10)
  • 5 Vand. L. Rev. 451

Cited by

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