Thursday, October 30, 2008

June 20, 2008

M.D.S., 33 FLW 1502, 2nd DCA, evidence that the def observed juvenile in a parking lot of an apt complex wiping passenger door handle of a parked vehicle with a cloth, computer check revealed vehicle was stolen, car keys found in juvenile's pocket, and that the hood of the car was hot, recently driven and parked insufficient to support adj. of delinquency for GT of motor vehicle. Evidence did not exclude def reasonable hypothesis of innocence that he found keys in the parking lot and pocketed them with the intent to return them to the complex management

Nunes, 33 FLW 1503, 2nd DCA, trial court erred in denying the def statement made to the detectives and Asst. State Attorney during plea negotiations where the def made his statement with subjective require that the plea bargain be completed or written agreement begin before negotiations be excluded from evide

Washington, 33 FLW 1512, 4th DCA, no error in trial court's denial in reference to false police report, filed by victim in unrelated matter-90.610 authorizes impeachment with only prior convictions-court declined to adopt false reporting exception to that general rule, 1st District agrees, 2nd District disagrees, certified to Fla. Sup. Ct.

Matul, 33 FLW 1514, 4th DCA, search and seizure-where def walked away from group of men and threw a water bottle as officers approached, and one of the officers inspected the bottle, ultimately finding that the bottle contained a hidden compartment with crystal meth, trial court erred in granting def motion to suppress

Soto, 33 FLW 1526, 4th DCA, Agg Assault, Limitation of actions, error to deny Motion to dismiss where the statute in effect at the time of the incident required the state to commence the prosecution for any felony within 3 years of the commencement-under the old statute prosecution did not commence until state executed the capias without unreasonable delay and if def asserted that court was required to consider the state's attempts to locate the def as well as the def's absence from the state-state failed to offer any evidence to contradict the def's assertion that capias did not toll statute of limitations because it was not served and state did not make a diligent effort to locate him-remand to discharge the defendant

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

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