Wednesday, November 11, 2009

Law Updates for November 6, 2009

Santiago, 34 FLW 2206, 4th DCA - Court erred when it failed to permit the def to reopen his case so that false testimony presented by the state to demean the credentials of defense expert could be countered and corrected prior to the jury beginning its deliberations.

Brown, 34 FLW 2209, 4th DCA - Trial court used the 1.5 multiplier for presence of child in domestic case even when information failed to set forth the facts or statutory authority for such sentence enhancement.

Dunlap, 34 FLW 2215, 4th DCA - No error to deny mistrial based solely on one comment made by prosecutor during opening statement: discussion of jury's obligation to determine credibility of witnesses testimony, and single use of word "truth" in that context did not suggest that the jurors determination of who was telling the truth should be the sole basis of the jury's verdict.

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

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