Friday, December 24, 2010

Law Updates for December 17, 2010

Dennis, 35 FLW 731,S. Ct., Stand your ground immunity.  Trial court should decide the factual questions of the applicability statutory immunity, 776.032, should not be a C 4 Motion but a Motion to Dismiss under 3.190(b).

K.C., 35 flw 2694, 4th DCA, Possession of BB gun on school property.  Evidence was insufficient to prove that BB gun juvenile with possessing was a deadly weapon, where it was in a book bag, not loaded and no evidenced used or threatened to use the BB gun as a bludgeon.

C.N., 35 FLW 2699, 2nd DCA, Disorderly conduct.  Error to adjudicate juvenile delinquent for DOC for shouting and using foul language.  No evidence that the juvenile's words either caused crowd to gather or incited the crowd to engage in an immediate breach of the peace.  Officer did not have a reasonable suspicion that juvenile was committing a crime and was not performing a legal duty when he arrested the juvenile without a warrant for that offense.  Error to adjudicate for the resisting charge.

Redd, 35 FLW 2706, 1st DCA, Trafficking in Cocaine.  Double hearsay elicited by the state and heavily relied on to prove that the def was in possession of cocaine was not admissible and def did not open the door to its admission.  Without hearsay statements state would not have been able to prove that the def had dominion and control over the contraband, knew of its presence, and knew of its illicit nature.  New trial required

Freeman, 35 FLW 2748, 2nd DCA, Voir Dire.  Error to deny challenge for cause for juror who expressed some doubt about her ability to be fair and impartial in her assessment of witness's credibility, stating she might give more credibility to police officers(Police officers in her family).  Preserved for appeal properly, not required to show legally objectionable juror on the jury.

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

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