Wednesday, January 21, 2009

January 9, 2009

Nowell, 34 FLW 26, Fla Sup Ct., Murder case revered unlawful strike in voir dire for the following reasons; prosecutor's general feeling or "dislike" of juror not genuine race neutral, juror's age not legitimate where other juror left on jury was equally applicable and not challenged by the state, prosecutor's concern about juror following the law based on juror's wife job at day care center and his philosophy on death penalty was contradicted by the record, concern that juror felt he was judging the person, offered by the prosecutor was an "afterthought"when trial court revisited the issue the following day, was equally applicable to other jurors not challenged.

Sheppard, 34 FLW 5, 2nd DCA, aiding and abetting-although there was sufficient evidence that def was guilty of aiding another person in selling and delivering cocaine to undercover officer, insufficient in aiding and abetting possession of that cocaine no showing actually or constructively possessed that cocaine or aided or abetted the other person in acquiring or retaining the cocaine-JOA for possession should have been granted

Steadman, 34 FLW 78, 2nd DCA, Pat down-plain feel, ofc justified in conducting a pat down here, however, ofc did not lawfully remove plastic baggie of cannabis from def's pocket where he did not immediately recognize items as contraband, but instead needed to extract "baggie" to discover what it contained-error to deny motion to suppress, Perkins, 979 So. 2d 409(1st DCA 2008).

Stumpf, 34 FLW 87, 4th DCA, CCF without a license-def who worked as a volunteer with Fla. Fish and Wildlife Commission, and authorized to carry firearm as part of his employment was exempt from licensing requirement for CCF although the def had been placed on inactive status but not officially suspended, 790.052

Sharrard, 34 FLW 94, 4th DCA, Circuit Court exceeded jurisdiction by entering orders requiring DOC to effect warrant less arrests of def on c.c. or probation upon def testing positive for a prohibited substance and require Dept to transport offender to jail-violate separation of powers.

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