Tuesday, October 13, 2009

Law Updates for October 9, 2009

Light, 34 FLW 1974, 1st DCA. - Error to deny motion to suppress confession which was obtained through promises to the def. Confession not voluntary where ofc told def he could go home that day no matter what he said, and ofc misrepresented the law concerning the age of consent to def so he felt he was doing nothing wrong when he made admissions to the officer.

Roopnarine, 34 FLW 1982, 4th DCA - Error to exclude exculpatory witness based on def discovery violation where prejudice to state could be cured by another remedy short of excluding the witness. State alleged prejudice would be outnumbered on witnesses. State's prejudice could be cured by mistrial or continuance. The State right to numerical similarity of witness outweighed by def fundamental right to defend himself. New trial

Delgado, 34 FLW 1985. 3rd DCA-Kidnapping Def properly convicted where def and co-def jumped into pickup truck left running by the driver and drove away with a two year old asleep in the back of the truck. Reasonable to infer from the evidence that def became aware that the child was confined in the truck during the course of removing the radio and stealing other items from the truck. Confinement of child continued to theft of items in the truck and continued confinement was essential to def's attempt to avoid apprehension for theft of vehicle and its contents.

Moreno-Gonzalez, 34 FLW 1991, 3rd DCA, Search warrant supporting affidavit - Trial court erred in suppressing evidence on ground that the ofc did not sign affidavit in support of search warrant, where ofc swore to allegations in affidavit under oath before the judge, initialed each of the pages of the affidavit, and initialed each of the three pages of the search warrant

Battle, 34 FLW 2002, 4th DCA - Error to admit testimony of police ofcs regarding statements of witnesses who were unavailable because they had returned to Mexico. Admission of unavailable witnesses violated Confrontation Clause. Error to admit detectives's opinion testimony regarding def's guilt.

Mitrani/Venticinque, 34 FLW 2015, 5th DCA, Discussion of use/derivative immunity. Trial court erred in denying state motion to compel testimony of witnesses who had been subpoenaed for depos and who declined to testify despite being given use and derivative immunity.

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

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