Thursday, October 30, 2008

September 5, 2008

M.G., 33 FLW FLW 2046, 1st DCA, Giving false name or identification to LEO, 901.36(1), Common law defense of recantation-defense does not apply in this case because juvenile did not recant false information until after she was arrested-good discussion

Bouie, 33 FLW 2054, 4th DCA, evidence-other crimes-error to admit evidence of other purse snatchings near parked cars, shared, at best, only a general similarity to def's case and suggested little more than propensity and bad character-not harmless-error to admit evidence of firearm found in auto jointly occupied by the def and someone else where none of the charges concerned a firearm

Deans, 33 FLW 2064, 5th DCA, ID-trial court erred in admitting testimony of detective regarding witness out-of-court id of def where the witness who made the id was not asked about def identity at trial

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

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