Friday, September 24, 2010

Law Updates for September 17, 2010

Harper, 35 FLW 2009, 3rd DCA. Limitation of actions - The initial info was filed within the statute of limitations, however the amended charge added fleeing and eluding filed outside of statue of limitations. The new charged broadened and substantially amended original charge and added a new and distinct charge with different elements. Amended info was not a continuation of the timely filed information, not preserved for appeal court ruled ineffective counsel on the face of the record.

Ingraham, 35 FLW 2021, 4th DCA, Speedy trial recapture period - State is entitled to the recapture period if the re-file is within the natural speedy period even if the client does not receive notice for the re-file as long as the state/clerk attempts to serve, case-by-case factual determination. Here state attempted to notify def of re-file before speedy period expired, clerk's notice of arraignment sent to address in the file which the def originally gave at the time of the arrest and the client had a new address which he did not change.

Cooper, 35 FLW 2029, 4th DCA, Hearsay, business records exception - Trial court did not abuse discretion in allowing Verizon store manger to testify how the wireless company maintains its business records and in admitting phone records into evidence since the store manager had training and experience in maintaining business and billing records, even though he was not individually responsible for maintaining the business and billing records.

Hanks, 35 FLW 2032, 2nd DCA, Error to give the jury principal instruction where the def was only present and no evidence def aided the co-def in aiding and abetting in the beating up of the victim. Error compounded by closing argument that def bursting into victim's RV with other individual "if nothing else" supported conviction as principal.

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

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