Thursday, May 4, 2006

State of Florida v. Moroni Lopez
SC05-88 / Leon County

Mr. Lopez was convicted of possession of a firearm by a convicted felon but, on appeal,
the 1st District Court of Appeal overturned the conviction, agreeing with Mr. Lopez that
his Sixth Amendment right to confront his accuser had been violated. The man who told
police that Mr. Lopez had abducted him from his apartment and had a gun in his
possession could not be found to testify at trial. But the trial judge allowed the state to
admit his statement to police under an exception to the hearsay rule. On appeal, the 1st
DCA agreed with the trial court that the statement met the exception outline in Florida
law but added that it was not admissible under a recent ruling by the U.S. Supreme Court
concerning when “testimonial” hearsay can be allowed.