Fourth District Court of Appeal Judge Robert M. Gross highlighted what he said was a recurring problem in criminal cases, thanks to confusion around hearsay and Confrontation-Clause analysis.

Gross wrote that he often sees broad considerations of case-by-case examples, when instead arguments and decisions should be based on the actual language in Florida Statutes 90.803, 90.804 and 90.805, which lay out the rules on hearsay exceptions.

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