Kyser v. State

District Court of Appeal of Florida

Kyser v. State

576 So. 2d 888, 1991 Fla. App. LEXIS 2530, 1991 WL 39375

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1991

DocketNo. 90-1229

StatusPublished

Cited by3 cases

This text of 576 So. 2d 888 (Kyser v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kyser v. State, 576 So. 2d 888, 1991 Fla. App. LEXIS 2530, 1991 WL 39375 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

Walter Grant Kyser appeals from his judgment of conviction for first degree murder, raising two grounds on appeal. We find neither ground merits extensive discussion and affirm.

The appellant first contends that the trial court erred by excluding, on hearsay grounds, statements made by his ex-wife. We find that the ex-wife’s statements were properly excluded as they could neither be admitted as admissions, since the ex-wife was not a party to the case, nor could they be admitted as declarations against interest, since the declarant was not unavailable. See Hunt v. Seaboard Coastline R.R., 327 So.2d 193 (Fla.1976).

As to the second point, we find that the appellant’s argument that the statements were admissible pursuant to Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973), has not been properly preserved for appeal. See Hill v. State, 549 So.2d 179 (Fla.1989). Further, we find that even if this point had been properly preserved for appeal, there is no Chambers violation in that the statements do not have sufficient indicia of reliability.

Accordingly, we affirm.

BOOTH, ZEHMER and WOLF, JJ., concur.

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