Friday, October 30, 2009

Law Updates for October 23, 2009

Conner, 34 FLW 2089, 2nd DCA, kidnapping - Def's act of attacking the 13 year old victim, knocking her to the ground, and choking her for a few seconds not kidnapping but false imprisonment. Def's actions had no significance independent of the attempted murder of the victim and amounted to a momentary restraint.

Parker, 34 FLW 2108, 3rd DCA, Possession of cocaine - collateral crimes - prior drug transaction. Error to permit state to introduce evidence that C.I. had purchased cocaine and marijuana from def on two prior occasions where prior transactions were totally unrelated to charged offenses. Nature of those differed from those of charged crimes. Not relevant to any material issue and priors were highly prejudicial.

Shootes, 34 FLW 2157, 1st DCA, New trial required where aggravated assault arose out of shooting of police officer, allegedly in self-defense, and many officers were in the court in official uniform at different stages. Created an unacceptable risk that their presence could effect the jury's deliberations. Def's counsel raised the matter and objected timely. Inherent prejudice to the def's fair trial and fundamental error and violation of due process. New trial

VFD, 34 FLW 2161, 1st DCA. Expungement of records - Trial court abused discretion denying without a hearing based on facts and circumstances of petitioner's case, including whether a gun was used during incident that led to petitioner's arrest. Remand for meaningful hearing.

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

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