Wednesday, July 22, 2009

Law Updates for July 17, 2009

Alsfield, 34 FLW 1381, 4th DCA, - Williams Rule Error to allow the state to introduce evidence of another prior alleged sex battery of a different women whom def met at same bar and brought back to his house, where state failed to prove by clear and convincing evidence that def actually committed a sex battery against that women.

J.S., 34 flw 1386, 3rd DCA, - Error to preclude defense counsel from questioning a witness regarding a contradictory statement the witness had made to the defense counsel in a interview a few minutes earlier. Trial court incorrect in concluding this was improper impeachment because defense counsel was putting herself forward as a possible witness. This was only a conflict where the witness contradicts what he or she said to the defense counsel and not if it is consistent what said in the hallway.

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

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