Tuesday, March 17, 2009

March 13, 2009

DeBolt, 34 FLW 482, 2nd DCA, trial court abused its discretion in allowing the state to question the defense experts regarding a disciplinary action in which the expert was formally disciplined in another state and received a four year restriction on his license as a sex offender treatment provided for adolescent sex offenders, focal point of state's case was not harmless error

Daniels, 34 FLW 483, 2nd DCA, expert testimony that she had never observed a child of the age of the victim react to certain testing procedure in the same manner that the victim had reacted and it was her opinion that victim's atypical reaction was "suggestive" of child sexual abuse lacked a proper factual basis where expert did not testify in her experience, children who did not exhibit a typical reaction during the procedure were likely sexually abused, harmful error, as prosecutor in closing argument emphasized expert's extensive experience in the field and her opinion that child's reaction was suggestive of sexual abuse

Lee v. DHSMV, 34 FLW 520, DUI, Adm review of suspension - licensee was denied due process when hearing officer failed to issue subpoena for individuals who inspected breath test, although inspection reports authored by these individuals were received in evidence and considered by the hearing officer in sustaining the license suspension - circuit court departed from the essential requirements of law in concluding the hearing officer did not have the authority to issue subpoenas

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

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