Thursday, October 30, 2008

September 19, 2008

Bolware, 33 FLW 645, Fla, plea not involuntary as the result of court not advising the def during the plea of the possibility of DL suspension-Supreme Court recommends an amended rule of procedure that def should be advised during the plea of that possibility

Calabro, 33 FLW 656, Fl, Statements made by def at arraignment indicating his desire to engage in plea negotiations, and admitting guilt, were not admissible against him at trial-def's statement made after he stated he would like to avoid trial was a statement made in reference to the offer of a plea and his statements were inadmissible

****Baptiste, 33 FLW 262, Fla, Anonymous tip-long case very good for the defense-should print for your files

Johnson, 33 FLW 2143, 4th DCA, evidence was insufficient to support conviction for resisting with violence where state evidence at trial failed to establish that the alleged resistance took place either during an arrest or lawful detention-investigatory stop of def when police ordered him to remove his hands from his pockets, place them on the wall, and open his closed fist was not supported by reasonable suspicion of criminal activity where, prior to ordering the def to remove his hands from his pockets, police only knew def had rolling papers in his pocket-no evidence prior to the struggle def was told he was under arrest, encounter brief and rapidly escalated into fight or struggle

Wong, 33 FLW 2148, 3rd DCA, Vehicle Stop-BOLO regarding a vehicle for burglary, which described an Hispanic male driving a silver or gray BMW, provided ofcs with reasonable suspicion to stop vehicle, a silver BMW occupied by the def and another Hispanic Male at a location where the ofc believed they would exit Miami Beach in light of location of the burglary and relevant traffic patterns, Gelin, 844 So. 2d 659(3rd DCA 2003)

T.B., 33 FLW 2155, 4th DCA, Juveniles-Stalking. evidence was sufficient to sustain conviction of MM Stalking, where juvenile taunted the victim with offensive words on three different occasions within a ninety minute period at his place of work-rational trier of fact could find that elements of willfulness, malice, repeated harassment and emotional distress have been established beyond a reas doubt

Camaralengo, 33 FLW 2157, 4th DCA, error to deny admission of an application for title to trailer from a landscape maintenance company, because document was not hearsay and was admissible because it was not offered for the truth of its contents and was relevant-offered to show that the def had a good faith belief that passenger owner the trailer, tending to disprove element of intent to steal, based on jury's questions and request to twice to view the documents, not harmless error

Morris, 33 FLW 2171, 2nd DCA, Tampering with physical evidence, evidence at trial did not support the verdict where ofc's observed plastic bag containing cannabis in def's mouth during lawful stop of def bicycle, ofcs placed him under arrest and asked him to spit out the bag and after several requests the def spit out the bag-reduced to attempted tampering of evidence

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

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