Monday, May 4, 2009

Law Updates for April 24, 2009

Seavey, 34 FLW 762, 2nd DCA, L & L molestation. Collateral crimes were admissible even though they were 16 to 25 years ago - became of feature of the trial - state's use of collateral crimes during opening and closing arguments to argue the def committed the charged crime because he was a sexual predator, when considered in conjunction with prejudicial nature of collateral evidence, evidence impermissibly a feature of the trial

Brown, 34 FLW 773, 4th DCA, Poss of Xanax, constructive possession - error deny JOA where xanax was found in the center console of the vehicle jointly occupied by the def and another person - evidence that the def was nervous, he agreed to sell crack cocaine to an informant, and def closed the center console was insufficient to prove def's guilty knowledge

Brown, 34 FLW 786, 2nd DCA, Trafficking in cocaine-evidence insufficient to establish def's constructive possession of cocaine found in kitchen drawer of jointly occupied premises where the state did not establish the drugs were in the drawer were in plain view or present independent proof that def had knowledge of cocaine in the drawer - fact that other drugs were in plain view did not permit an inference that def knew cocaine was in the kitchen drawer, ofcs who served the search warrant saw cocaine in plain view on dining room table was not submitted for testing or introduced in trial - police could not prove that def possessed the only cocaine tested and introduced into evidence, could not be convicted of any cocaine possession - JOA as to the Trafficking charge

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

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