State v. Townsend (Florida 1994), 635 So. 2d 949

Summary

The Florida Supreme Court held that a finding of incompetency to testify satisfies the statutory "unavailable" requirement for admitting a child’s hearsay statements under section 90.803(23), affirmed that the statute’s reliability safeguards meet confrontation‑clause standards, and remanded for a new trial because the trial court failed to make the required specific reliability findings.

Holding

Whether a finding of incompetency satisfies the "unavailable" requirement of section 90.803(23)(a)(2).. Yes; an incompetent child is an unavailable witness within the meaning of section 90.804(1)(d).

Whether section 90.803(23) complies with the confrontation clause.. Yes; the statute’s two‑step reliability and corroboration requirements provide the particularized guarantees of trustworthiness required by Roberts and Wright.

Whether the trial court’s failure to make specific reliability findings constituted reversible error.. Yes; the trial court’s bare conclusion of reliability without factual analysis violated section 90.803(23) and the confrontation clause, requiring reversal.

Whether the conviction should be reversed and the case remanded.. The conviction is reversed and the case remanded for a new trial with a proper hearing under section 90.803(23).

State v. Townsend

Summary

Holding

Cited authorities

Cited by