Friday, February 13, 2009

February 6, 2009

Supreme Court

Valdes, 34 FLW 116, New dj test, 775.021(4) (b) (2) prohibits separate punishments for crimes arising from the same criminal transactions only when the statute itself provides for an offense with multiple degrees-, (4)(b)(2) offenses constitute different degree of same offenses with multiple degrees, discharging a firearm within 1000 feet of a person in violation of 790.15(2) and shooting into an occupied vehicle 790.10 same offense does not violate double jeopardy, State v. Paul, 934/1167(J. Cantero-concurrence)

E.A.R., 34 FLW 120, Juvenile case and departure from DJJ recommendation, standard for departures

Rigterink. 34 FLW 132, error to admit inculpatory videotape of police interrogation of def where right-to-counsel warning was defective, it stated that def only had a right to have an attorney present prior to questioning-def was in custody under four-part Ramirez test, long opinion in Murder case

District Court of Appeal

L.B.B., 34 FLW 261, 2nd DCA, error to deny motion to suppress marijuana found on juvenile after arrest for riding a bicycle without a bell, in violation of a city ordinance-traffic offenses related to bicycles are noncriminal violations subject to only civil penalties and individual cannot be arrested for violating a bicycle-related city ordinance-equivalent ordinance previously found unlawful by Florida Supreme Court

Sinquefield, 34 FLW 262, 2nd DCA, Lawful execution of legal duty-police not engaged in lawful execution of legal duty when he attempted to detain def at time when ofc was outside his jurisdiction and acting as private citizen-erroneously convicted of obstructing ofc without violence

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

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