Friday, August 27, 2010

Law Updates for August 20, 2010

Ramsammy, 35 FLW 1824, 4th DCA, Murder 2 reversed should have been a Judgement of Acquittal. Interesting opinion.

Diaz, 35 FLW 1835, 4th DCA, trial court committed manifest error by refusing to dismiss potential juror for cause when there was reasonable doubt about impartiality and not rehabilitated for further questioning. Prospective juror's silence when asked if anyone could not do their job in determining whether a crime was committed and whether def committed the crime did not erase reasonable doubt as to impartiality created by her earlier equivocal response that it would be difficult and not sure if could be fair and impartial. New Trial required

Akien, 35 FLW 1836, 4th DCA, could admit a victim, 17 year old, 911 call in a rape case as excited utterance to hearsay after 35-40 minutes still under stress of excitement and not time to reflect yet.

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

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