Monday, March 1, 2010

Law Updates for February 19, 2010

Loncar, 35 FLW 324, 2nd DCA, Modification of probation without a violation is improper and enhancing the def's probation condition is improper. Requirement that the Def could not live within 10 miles of the victim prevented him from living with his father as he had earlier, more restrictive than prior condition. Remand to reinstate the prior probation order.

Green, 35 FLW 325, 2nd DCA, Improper comment on right to remain silent. Case-elicit from the
police that the def declined to give a statement unlike his co-def's. Argued in closing, harmful error, def did not open the door to these statements by narrowly tailored questions to the police in order to try and show they set up the co-def's against each other.

Barrow, 35 FLW 328, 4th DCA, Judge implied to jury who requested transcripts of witnesses 10 minutes after deliberations started without advising them of the possibility of read backs, ignoring the request of the state and defense, certified conflict with 3rd DCA, Hazuri, 34 FLW 2590, 12-16-09.

Douglas, 35 FLW 354, 3rd DCA, Double jeopardy. No manifest necessity with the court declaring a mistrial, def no waiver and not discuss alternatives enough where there def not brought to court on the 2nd day of jury trial as there was H1N1 quarantine at the jail in the def's unit and case would have to be delayed for a week.

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

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