Wednesday, October 29, 2008

February 22, 2008

Martinez, 33 FLW 125, S. Ct., jury instructions, self-defense, forcible felony exception-error to court to read when def is not charged with an independent forcible felony-is fundamental error when it deprives the def of a fair trial, not here where self defense was weak and not the only defense argued by the defendant

Yisrael, 33 FLW 131, S. Ct. HVFO-hearsay- DOC release date letters alone, inadmissible hearsay, crime and time reports issued by DOC are admissible as public records so long as they are properly authenticated, Dept may issue a 90.902(11) certification to that report, which satisfies business records admissibility predicate(signed and sealed admissible as public record to establish a def as a HVFO

Garcia, 33 FLW 485, 3rd DCA, evidence-other crimes, wrongs or acts, where def used a knife on the victim who was with the def estranged wife, trial court did not err in admitting evidence that showed estranged wife a knife eleven days earlier and told her he would use it on her if she was with another man-door was opened to admission of evidence of prior threat by def's testimony on cross-examination

*Barnes, 33 FLW 500, 4th DCA, Pat-Down, although the pat-down was not justified by fact that he made movements toward his pockets after ofc stopped him for riding bicycle at night without a light, trial court erred in granting a motion to suppress all evidence obtained by the officer-error to grant motion to suppress of cocaine discovered in def's pocket after discovery of outstanding warrant and arrest of defendant-subsequent arrest after unlawful pat down and formal arrest of def dissipated taint of illegal frisk-State v. Frierson, 926 So. 2d 1139(Fla. 2006)(three part test as evidence is excluded as fruit of the poisonous tree)

Schreiber, 33 FLW 526, 2nd DCA, cross-exam-rule of completeness is not grounds for the jury to be told the def is on probation just because she testified that her employer had poor money management skills, def's being on probation is neither explanatory nor relevant to def's theory of defense in a theft case that the money was lost as the result of her employer's poor management skills.

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

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