Montaque v. State
The Fourth District affirmed murder and attempted murder convictions, writing only to address preservation of an evidentiary objection to jailhouse notes and jail surveillance videos. Although defense counsel had obtained an adverse pre-trial ruling on admissibility, counsel's affirmative statement of 'no objection' when the evidence was offered at trial abandoned the earlier objection under the Florida Supreme Court's decision in Carr v. State, despite section 90.104(1)(b)'s general rule that a definitive pre-trial ruling need not be renewed.
Key facts
- Defendant Montaque was convicted of murder and attempted murder in trial court.
- Defense counsel obtained an adverse pre-trial ruling on admissibility of jailhouse notes and jail surveillance videos but affirmatively stated 'no objection' when the evidence was offered at trial.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces and applies the Florida Supreme Court's Carr rule that an affirmative 'no objection' statement at trial waives a prior evidentiary objection even after a definitive pre-trial ruling, a recurring… — full analysis with a trial
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