Thursday, October 30, 2008

August 8, 2008

Holt, 33 FLW 1868, 1st DCA, trial court erred after refusing to strike jury after they were made aware of another robbery against the def that was severed thereafter

Joseph, Jr. 33 FLW 1869, 1st DCA, Double jeopardy-manifest necessity(no) declared mistrial without def's consent, state's loss of audio recording of def phone call to police station after accident and inability to locate the witness who observed the def make the call did not create manifest necessity requiring mistrial-trial court failed to consider continuing order or other alternatives to mistrial

Davalos, 33 FLW 1869, 3rd DCA, where def rejected state's plea offer and then entered open plea to court, and court imposed a much harsher sentence than the state's offer, court abused discretion in denying def's motion to withdraw the plea

Muir, 33 FLW 1880, 4th DCA, Error to refuse to allow the def to submit evidence of the reputation of the victim for truth and veracity in the community-not harmless where the V was the only person who identified the def as the person who shot him and entire defense was based on the v's credibility

Dyess, 33 FLW 1908, 1st DCA, Search warrant-controlled buy from def in parking lot did not provide pc for issuance of the warrant for search of def's residence where facts in supporting affidavit did not establish fair probability that list of items to be searched for would be found there-good faith exception to exclusionary rule was not applicable where supporting affidavit failed to establish pc to justify search

The Law Office of Roger P. Foley, P.A.

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