State v. Gonzalez
The State appealed an order suppressing statements Gonzalez made during a church disciplinary meeting where he admitted to molesting a child, arguing the clergy-penitent privilege under section 90.505(2) did not apply. The Second DCA agreed, holding that although the pastor was present, the communication was not made for the purpose of seeking spiritual counsel, was not made in the pastor's usual course of practice or discipline, and was not made privately with no intent for further disclosure. The court reversed the suppression order and remanded for further proceedings.
Key facts
- Gonzalez admitted to child molestation during a church disciplinary meeting with the pastor and other church leaders, and the statements were recorded with instructions for the defendant to apologize to the entire church.
- The trial court suppressed Gonzalez's statements based on the clergy-penitent privilege under Florida Statute section 90.505(2); the State appealed the suppression order.
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Why it matters
This opinion provides a detailed, element-by-element application of Florida's clergy-penitent privilege beyond the seminal Nussbaumer decision, clarifying that church disciplinary or confession-style meetings do not… — full analysis with a trial
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