Wednesday, December 1, 2010

Law Updates for November 26, 2010

Fernandez, 35 FLW 2549, 3rd DCA, Exclusionary rule does not apply to knock and announces cases, certify conflict with Coble 18 So. 3d(2nd DCA) to Florida Supreme Court. Does Florida statutory knock and announce provisions apply such that the exclusionary rule would apply.

Johnson, 35 FLW 2554, 3rd DCA, Prior testimony - The Court erred in excluding witness testimony from a prior trial where defense was unable to locate the witness to testify in second trial and witness testimony was relevant to claim of self defense.

J.T., 35 FLW 2559, 4th DCA, BB Gun - Deadly Weapon, for the state, cites the law, seems to be important that the BB gun was placed in evidence.

Holley, 35 FLW 2560, 4th DCA, Trial court reversibly erred in limiting defense counsel cross exam of state witness about her failure to appear for defense deposition and response for rule to show cause issued by trial court, where information was relevant to show her motive, bias, and lack of trustworthiness.

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

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