Thursday, October 1, 2009

Law Updates for September 25, 2009

Hernandez, 34 FLW 1883, 4th DCA, Lewd and Lascivious molestation, Williams Rule evidence - Trial court erroneously applied "light more favorable to the state" standard making multiple Williams Rule violations. New trial required where the only substantial evidence offered to corroborate the victim's version of events was testimony of victim of the prior alleged abuse.

J.J.V., 34 FLW 1890, 4th DCA, exceeding scope of consent: Juvenile consent to search the vehicle did not extend to the search of locked console in the vehicle where deputy asked for the key. Juvenile told deputy that the key was not available and only his mother had the key, and deputy, in spite of that, located the key himself and gained access to the console. Violation of juvenile's expectation of privacy. General consent did not extend to locked console. Juvenile set limits to the consent. Unable to protest held in the back of the officer's vehicle.

Haygood, 34 FLW 1905, 1st DCA, DWLS, evidence. Copy of def's DL record which reflected license was suspended for failure to pay traffic fine on one occasion and for child support delinquencies on two occasions provided notice given but did not list def's address. Insufficient to show that def was aware his license was suspended on date he was arrested. Suspended because of financial obligations. The presumption of knowledge caused by entry in DHSMV records does not apply and state has to prove the defendant actually received notice, Brown, 764/741(4th DCA 2000).

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