Meshell, 34 FLW 41, Fla, L & L, 800.04(4) not D.J. violation when oral sex and vaginal penetration in one single criminal episode can be more than one count, elements of different proof and and therefore distinct criminal acts
Evans, 34 FLW 150, 4th DCA, tampering with evidence-evidence that def threw or dropped cocaine rock in sand and ofcs were unable to find, without further evidence of specific intent to tamper with or conceal the evidence was insufficient to find anything more than mere abandonment-error to deny JOA
Spangler, 34 FLW 170, 5th DCA, Bolstering of witnesses-state's direct exam of arresting officers regarding their interest, bonus, discipline and incentives in relation to outcome of the case was relevant to only the bolster the officer's credibility and court erred in allowing this testimony-not harmless when the case is based on the two officer's credibility and state focused on it during closing argument
The Law Offices of Roger P. Foley, P.A.
Wednesday, February 4, 2009
January 16, 2009
Brook, 34 FLW 121, 5th DCA, CCF-exemptions-def who was found in possession of a concealed firearm on premises of business of which he is an employee was improperly convicted of ccf-statute making it lawful for a person to possess arms at his or her home or place of business applied to the def in this case even though he did not have a proprietary or possessory interest in business and business was not open at the time of the arrest.
Lindsay, Jr., 34 FLW 130, 1st DCA, 10-20-Life-Mandatory minimum-Possession of firearm-failure to submit question of actual possession to jury was error, but error was harmless where no reasonable jury could have found possession by def without finding that the def was in actual possession of firearm-certified to Fla. Sup Ct.
Jackson, 34 FLW 132, 1st DCA, arrest of def for giving false name during consensual encounter before he was detained was unlawful-error to deny to suppress statements given post-arrest-exceptions to exclusionary rule-stolen shotgun and shotgun shells which were found in shed were properly admitted under independent source where the def's mother gave consent to search the shed-police discovered evidence through independent means untainted by the unlawful arrest-crack pipe found on def admissible under same doctrine because ofcs would have arrested the def for burglary after finding the stolen handgun and search incident to arrest would have led to the crack pipe
The Law Offices of Roger P. Foley, P.A.
Lindsay, Jr., 34 FLW 130, 1st DCA, 10-20-Life-Mandatory minimum-Possession of firearm-failure to submit question of actual possession to jury was error, but error was harmless where no reasonable jury could have found possession by def without finding that the def was in actual possession of firearm-certified to Fla. Sup Ct.
Jackson, 34 FLW 132, 1st DCA, arrest of def for giving false name during consensual encounter before he was detained was unlawful-error to deny to suppress statements given post-arrest-exceptions to exclusionary rule-stolen shotgun and shotgun shells which were found in shed were properly admitted under independent source where the def's mother gave consent to search the shed-police discovered evidence through independent means untainted by the unlawful arrest-crack pipe found on def admissible under same doctrine because ofcs would have arrested the def for burglary after finding the stolen handgun and search incident to arrest would have led to the crack pipe
The Law Offices of Roger P. Foley, P.A.
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