Sloan v. State
104 So. 3d 1271
Fla. Dist. Ct. App.2013Background
- Defendant convicted of three counts of Lewd or Lascivious Molestation of a victim under 12.
- Mother observed the defendant with the victim in a shed; the victim later disclosed touching.
- Victim provided statements about touching during interviews and to family.
- Defendant fled the area after law enforcement was alerted; he ingested pills in an attempted suicide.
- State charged, trial proceeded, jury found defendant guilty, and he received life imprisonment with credit for time served.
- On appeal, defendant challenges admission of suicide-related evidence among other evidentiary claims; court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of child hearsay | Hearsay undermines reliability | Hearsay admissible under exceptions | No reversible error |
| Exclusion of reverse Williams evidence | Evidence should have been admitted to show propensity or bias | Exclusion of evidence was error | No reversible error |
| Admission of defendant's attempted suicide | Evidence shows consciousness of guilt | Evidence lacks nexus to evading prosecution | Affirmed admission as admissible |
| Investigator testimony on habits of child abuse victims | Helpful to show patterns of abuse | Improper expert/characterization | No reversible error |
| State's objection to part of defense closing | Objection sustained improperly | Closing argument was proper | No reversible error |
Key Cases Cited
- Penalver v. State, 926 So.2d 1118 (Fla. 2006) (suspect's suicide threats admissible when nexus to consciousness of guilt shown)
- Walker v. State, 483 So.2d 791 (Fla. 1986) (trial court allowed suicide attempt to indicate desire to evade prosecution)
- Partin v. State, 82 So.3d 31 (Fla. 2011) (review of evidence admission for consciousness-of-guilt purposes)
- Escobar v. State, 699 So.2d 988 (Fla. 1997) (consciousness of guilt nexus required for flight/conduct evidence)
- Sired v. State, 399 So.2d 964 (Fla. 1981) (early formulation of consciousness-of-guilt evidentiary rule)
- Williams v. State, 110 So.2d 654 (Fla.1959) (basis for use of specific statements in bond or related proceedings)