Saturday, March 19, 2011

Law Updates for March 11, 2011

Cannon, 36 FLW 444, 4th DCA, Undercover officer, in giving defendant cocaine after transaction was complete and allowing him to go into the community with that substance, was in violation of due process where officer created the situation for possession to occur.  Charge properly dismissed.  Earlier charge of sale of cocaine was improperly dismissed, as the offense had already been completed prior to allowing the defendant to take cocaine.

Ortuno, 36 FLW 471, 1st DCA, Lewd and Lascivious, Hearsay - Abuse of discretion to admit alleged victim's prior consistent statements made during interview with CPT, which did not occur prior to the time that a motive to fabricate existed.  Not harmless where case was based on the truthfulness of victim and defendant.  Testimony was repeatedly raised and communicated to the jury by three different witnesses, and CPT interviewer was qualified as an expert, creating inference she had the ability to extract truthful responses from sexually abused children.  New trial.

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

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