Wednesday, April 1, 2009

March 27, 2009

Roberts, 34 FLW 606, 5th DCA, While the court ruled in this case the independent act instruction was properly declined since def was willing participant in the robbery and murders were furtherance of plan there is a good discussion of the case law in the area

Bolin, 34 FLW 619, 2nd DCA, good case on manslaughter instructions

McBride, 34 FLW 620, 2nd DCA, error to deny JOA where state's evidence established that the def witnessed shooting and ran from scene, did not prove he fired a gun or def intended for crime to be committed or he committed an act in furtherance of - The act of fleeing the scene not enough to give rise to def's intent or participation in the crime

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

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