Wednesday, November 4, 2009

Law Updates for October 30, 2009

Ransone, 34 FLW 2170, 4th DCA, Credit for time served in foreign jail. Def who was arrested in Miami Dade for numerous charges was not entitled to credit for time served in Miami from date of his arrest for an unrelated Broward VCC warrant where sentence received in Broward was consecutive and not concurrent with sentences imposed in Dade. Held on multiple offenses only entitled to credit for time served from the date of arrest in foreign county where concurrent sentences are imposed or foreign county warrant is the sole basis for the incarceration in the other county jail.

Arias, 34 FLW 2175, 3rd DCA, Self-defense Trial court erred in excluding evidence from the M.E. that victim had alcohol and cocaine in his blood at the time of the shooting. State opened the door to this evidence by attacking on cross-exam def's lay observation of victim's intoxication on theory that the def was not a qualified toxicologist, where def took the stand and testified that victim was behaving erratically, threatened to kill him, and appeared to be intoxicated and under influence of cocaine. Toxicology results were admissible under relevant evidence and not under theory of admissibility of character evidence. New Trial.

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

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