Thursday, December 31, 2009

Law Updates for December 25, 2009

Regalado, 34 FLW 1571, 4th DCA, Because it is legal to carry a concealed weapon in Florida if one has a permit to do so, a Terry stop was not allowed as there was no allegation of criminal conduct. An anonymous tip that "some guy over there was flashing his gun to a couple of friends" was not sufficient to justify a Terry stop.

Hazuri, 34 FLW 1590. 3rd DCA, Read back of testimony, in response to jury's request for trial transcripts. Trial court did not abuse discretion in advising jury it could not be given copies of the transcripts and must, therefore, rely on their own recollection of the testimony, and declining to advise jury it could receive a "read back." Trial court had no duty to inform jurors that a read back may be available on request. Judge's answer was fair and accurate, see dissent Avila, 781 So. 2d 413, 415, 4th DCA 2001

Peterson, 34 FLW 2607, 2nd DCA, Where the def's theory of the defense was that he had abandoned the stolen property before he used force to escape the scene and the sales clerk was the only witness who contradicted the defense's theory that he transferred the stolen items from beneath his clothing to a shopping basket before shoving his way out of the store, the trial court abused discretion by excluding evidence that the sales clerk no longer worked at the store because she was suspected of stealing and the clerk wished to regain her job, and limiting to defense to only that the clerk no longer worked at the store. Trial court abused its discretion in refusing a special jury instruction that jury was required to find the def guilty of robbery if the evidence established that the property was abandoned prior to the use of force, and standard instruction did not explain the theory of the defense, and it was a correct statement of the law and was not misleading.

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

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