Monday, December 1, 2008

November 28, 2008

Nelson, 33 FLW 2687, 4th DCA, Original Opinion at 33 FLW 2088, prohibition-speedy trial-motion for continuance filed after the speedy trial period expired but before any notice of expiration invoked the right of recapture was a nullity and has no effect-Question certified: Does a motion for continuance made after the expiration of the speedy trial period but before a def files a notice of expiration under the rule, which activates the right of recapture period, waive a def's speedy trial rights under the rule, Naveira, 873 So. 2d 300(Fla 2004) does not change the court's ruling here.

Hernandez v. DHMSV, 33 FLW 2707, 1st DCA, can still challenge the legality of the arrest at DMV refusal Administrative hearings, also see Pelham 979 So. 2d 304, 5th DCA 2008)

Gordon, 33 FLW 2708, 1st DCA, Trafficking in Hydrocodone, trial court misapplied the law in refusing to suppress the evidence seized as a result of a probationary search and allowed the contraband evidence discovered during the search of the probationer's residence to be admitted into evidence in the prosecution of new charges against the defendant(should have obtained a search warrant), Soca 673/28

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

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