Fourth District Court of Appeals Case: Can a Verdict Be Overturned for Relying on Improper Evidence? (July 1, 2015)

It is sad to say but sometimes people lie. The courts of   West Palm Beach know that not all evidence is trustworthy in fact the rules of evidence date back to the times of old to ensure that only trustworthy evidence gets to the jurors. Do you know what to do when bad evidence slips through the cracks of your will contest? Did you know you can appeal the use of improperhearsay evidence? Do you know hearsay is? Check out this case out of the Fourth District Court of Appeal to see why you have to appeal when you lose on improper evidence.

Hearsay

• Hearsay is a complicated legal idea and its impossible to explain in a small blog post.
• To put it simply though a hearsay statement is an out of court statement offered for its truth.
• The first part of that is clear, was it said out of court?
• Then you need to ask the second part – are you offering the statement for the matter it asserts, in other words the truth?
• Lets say you are trying to offer testimony that your father told you he did not trust your sister as his caretaker.
• If you want to introduce that to show that your father did not trust her, it is hearsay.
• But what about another reason for introducing it?
• What if you want to use it to show that there were suspicious circumstances or that your father was not delusional?
• Then it may not be hearsay.
• Want to really know how to get around hearsay?
• Trust an experienced Palm Beach probate litigator to make sure that your evidence gets in and the other side’s evidence stays out!
• So what happens when that evidence slips through the cracks?
• One piece of evidence can completely change a West Palm Beach jury, so be prepared to appeal.
• Do you know how to appeal?

Jershun v. State of Florida

• This was a criminal appeal in the Fourth District Court of Appeal.
• The appellant (criminal defendant in the lower trial court) claimed that he was convicted based on improper hearsay evidence.
• The court agreed with him and a whole new trial was ordered.
• Do you think that is fair?
• Should the court’s resources have to be used to re-try an entire case just because evidence got through the cracks of the evidence rules?
• Remember that these rules are meant to keep the wrong evidence out.
• So yes, it is that important.

Want to learn more?

Check out the entire case by clicking here.