Friday, May 29, 2009

Law Updates for May 22, 2009

Suarez, 34 FLW 967, 3rd DCA, Limitation of actions. Incarceration in federal prison within state did not constitute absence from state for tolling of statute of limitations, where state issued warrant for def's arrest while in federal prison located in Florida, but did not serve the warrant until after the def was released and SOL expired trial court properly dismissed the charge

Mainwaring, 34 FLW 976, 5th DCA, speedy trail-unavailability-incarceration in another county-where the court was aware that the def was held in jail in another county, as evidenced by the fact the trial court had issued several transportation orders which were not honored by the other county, and refusal to transfer, seemingly the result of miscommunication, confusion or administrative convenience was not justified, def was not "unavailable" for trial-error to deny the motion to discharge

Montejo v. La., 07-1529, May 26th, 2009, USSC, overrules Michigan v. Jackson, twenty-year old case: police can initiate interrogation of a criminal defendant post-magistrate or other similar proceeding unless the def actually invokes his right to a lawyer or otherwise asserted his 6th Amendment right to counsel where he stood mute at the hearing and the judge ordered appointment of counsel. BAD DECISION

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

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