Tuesday, March 3, 2009

February 27, 2009

Aime, 34 FLW 381, 4th DCA, Manslaughter with a firearm, evidence insufficient to support conviction where state failed to establish that the def was the shooter or aided and abetted in the shooting - def convicted of manslaughter with f/a as lesser included offense of first degree murder did not waive to raise sufficiency of evidence of manslaughter by failing to object to state's request for instruction of necessarily LIO

Reyes, 34 FLW 396, 3rd DCA, ofc had well founded suspicion justifying the investigatory stop where, upon approaching the defendant, officer noticed that the scooter had no key, def was nervous and sweating, he was coming from the direction of the scooter store, ofc had knowledge of recent scooter thefts in the area and he stated the scooter belonged to a friend whose name and address he did not know - ofc conducted a pat down and felt no weapon in def's clothing ofc actions in reaching into the pocket and retrieving driver's license was not valid - trial court properly suppressed evidence regarding def's identity, before the def arrested other ofc ran check on scooter's VIN and discovered that scooter belonged to the scooter store, evidence regarding ownership of the scooter was erroneously suppressed - evidence was secured independently from pat down search and was legally obtained followed valid investigatory stop and temporary detention

Kanji, 34 FLW 411, 5th DCA, denial of expungement, discretion of court to deny in not unfettered, remanded where no reason was given for the denial for the lower court to either grant or give reasons for denying the petition

Also, three cases about DHSMV cases about different issues where writs of cert granted by the trial court was overturned, cases more important for those who handle administrative hearings in refusal cases, Nader, 34 FLW 414, 2nd DCA, Escobio, 34 FLW 417, 2nd DCA, Yankey, 34 FLW 418, 2nd DCA.

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

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