Tuesday, June 9, 2009

Law Updates for June 5, 2009

Fleurimond, 34 FLW 1063, 3rd DCA, where the trial court had granted motion in limine prohibiting state from introducing evidence concerning prior drug activity at house where the def allegedly sold cocaine. Court erred in failing to either grant motion for mistrial or immediately sustain the objection and give curative instruction where the police ofc testified they were doing a surveillance at a location known to be selling drugs. Trial court also abused discretion in denying motion for mistrial based on cumulative prejudice resulting from improper argument (flush drugs down the toilet no evidence presented of that, at or near school reduced by court and state argued next to elementary school, appeal to community sensibilities how unfair it was in county that people were trafficking in drugs)

Mobley, 34 FLW 1090, 2nd DCA, where def had been arrested and secured in a patrol car, and all occupants were outside the house. There was no lawful basis for the officers to re-enter the house and conduct a warrantless search. Counsel was deficient for failing to file a Motion to Suppress firearm discovered in search of bathroom of house after def had been arrested.

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

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