Michael A. Moore v. State of Florida
Michael A. Moore v. State of Florida
Opinion
Affirmed. See Russell v. State, 982 So.2d 642, 646-47 (Fla. 2008) (holding that a trial court may find that a violation of probation for an alleged battery may be proven by a preponderance of the evidence through a hearsay statement of the victim and non-hearsay testimony of the direct observation of the victim’s injury and the attendant circumstances, and explaining: “whether non-hearsay evidence, including direct testimony of an observation of victim injury, is sufficient to support a hearsay allegation of battery is dependent upon the unique facts and circumstances of each case. Consequently, the trial court must assess the credibility of the particular wit *498 nesses, the reliability of the available evidence, and the totality of the evidence under the circumstances of each individual case.”)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.