July 4, 2008

Strohm, 33 FLW 1645, 4th DCA-prior acts of child molestation-def entitled to new trial where state was permitted to introduce testimony of victim of rape for which the def was previously convicted-rape committed 17 years before and was a stranger to the def and whom def vaginally penetrated was substantially dissimilar to the instant case, which involving the def sexually abusing his eight year old daughter in a form other than vaginal penetration over a eight month period

Hosang, 33 FLW 1646, 4th DCA, prosecutor's comments suggesting reasons why victims of home invasion robbery might not have noticed the def's tattoos were improper given that the case involved contested id was not harmless(why left out of the testimony of the def was that he got the tattoos 18 months later)

Burgos, 33 FLW 1672, 3rd DCA, release c.i., court erred in ordering the state to disclose the identity of the c.i. where def provided neither allegations or evidence that the detective falsified evidence in his affidavit in support of search warrant and def provided nothing to suggest that disclosure is essential to the fair determination of the cause-bare allegation that def cannot prepare his case without the disclosure of the c.i. is insufficient

Napoleon, Jr., 33 FLW 1678, 1st DCA, vehicle stop-traffic infraction(cutting in front a vehicle and inoperative license plate light)-continued detention for twenty minutes in order for a sniffing dog to arrive-no traffic citation written-field interview of vehicle occupants was illegal-no justification for the continued detention was illegal despite the tattoos on def's cheeks and tow people in the back seat having matching bandannas-cites cases

Fowler, 33 FLW 1679(1st DCA), sexual battery-child under 12-no error in denying JOA where victim could not point out the def in court where there was circumstantial evidence concerning the identity of the perpetrator sufficient to support the conviction

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