CONNER v. STATE

No. 96-03016.

709 So.2d 170 (1998)

David R. CONNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 27, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow and Richard P. Albertine, Jr., Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


FRANK, Judge.

The central issue in this matter derives from the trial court's refusal to declare section 90.803(24), Florida Statutes (1995), commonly known as the Elderly Person or Disabled Adult hearsay exception, unconstitutional. Conner's claim of unconstitutionality is grounded on two notions, i.e., the exception offends the confrontation clause of the Sixth Amendment to the Constitution of the United States and its application results in the denial of due process...

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