Friday, June 25, 2010

Law Updates for June 18, 2010

Vice, 35 FLW 1273, 1st DCA. Aggravated Child Abuse - error to admit testimony of def's former husband and former mother-in-law regarding their observations of the def shaking a different child 6 years earlier without injuring the child, where the evidence was not relevant to any material fact at issue in which this infant sustained injuries formerly said to characterize Shaken Baby Syndrome. Paucity of evidence; reasonable possibility that this evidence contributed to the conviction.

T.M., 35 FLW 1290, 4TH DCA, Pat down of juvenile during an investigatory stop was unwarranted and illegal. No facts or circumstances to warrant the pat down for officer who safety-stopped juvenile in high crime area at 11 a.m. based on suspicion they were unlawfully missing school or were about to commit a burglary or drug sale. Officer admitted the answers they gave dispelled any concern related to crimes. Ofc did not observe any bulges that resembled a weapon near the waistline where juvenile was moving his hands. Juv did not attempt to grab anything from his pockets and ofc had no info linking to juvenile criminal activity involving a weapon.

Dixon, 35 FLW 1298, 4th DCA, Warrant-less entry into a home. Police entered the apt without consent and without exigent circumstances to justify the entry. Failure to protest the entry did not constitute consent to enter. Ofc had duty to investigate a 911 call until he was reasonably satisfied that no urgency existed or once urgent situation was no longer urgent. Exigency dissipated once ofc received the official description of robbery from the victim, who was out of harm's way and thereafter the conversation occurred at the apartment door.

Shelden, 35 FLW 1316, 2nd DCA, Corpus delicti - Trial court erred in admitting def's statement to police where the state failed to prove C.D. State's evidence showed a firearm was discharged inside def's home. No evidence apart from the def's statements that the shots were fired wantonly and maliciously.

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

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