Thursday, June 18, 2009

Law Updates for June 12, 2009

Washington, 34 FLW 1116, 4th DCA, Records certifying the non-licensure of a contractor is a public record (State of Florida Licensing Division, Construction Industry Licensing Board) and non-testimonial under Crawford.

Bryant, 34 FLW 1120, 4th DCA, Self-defense, Abuse of discretion to refuse to permit a witness to testify that the def looked fearful when approached by the victim. It was necessary for the witness to adequately communicate her observations. Would not mislead the jury. No specialized training was necessary to recognize the fear in def's expression. Relevant to demonstrate that the def's fear was real, not harmless where def testified that the victim had a crowbar in his hand earlier and continued to threaten the def while he approached Who was holding the gun and not allowed to use the word "fearful" had to settle on the word "angry" a different emotion and not associated with self-defense.

Lollie, 34 FLW 1122, 1st DCA, warrantless entry into back yard of def's residence to knock on back door was an illegal search - fact that residence was in a rural area and that officers believed someone was home after knocking on the front door did not make entry into back yard reasonable.

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

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