Wednesday, March 9, 2011

Law Updates for March 4, 2011

Pantoja, 36 FLW 91, Fla, Lewd and Lascivious Molestation - Trial court properly excluded evidence that Victim had accused another person of molesting her and later recanted that accusation.  Under 90.610, not admissible as impeachment by evidence of prior misconduct where there was no criminal conviction as a result of the misconduct and not admissible to prove bias or motive to lie.  Not admissible under 90.405(2) where Victim's character was not an essential element of the charge or defense and not admissible as a specific instance of misconduct to show that the Victim was inclined to lie about sexual abuse.  Exclusion of evidence did not violate def's right to confront the witness.

Self, 36 FLW 419, 5th DCA, Speedy trial-Prohibition -  The defendant did not waive speedy trial by making an objection to admissibility of business records upon which the State intended to rely to prove def's failure to register as a sex offender.  Continuance was attributable to the State where def raised the objection well before trial, and continuance was granted where the State was not prepared for the hearing on def's objection.  State did not seek extension of the recapture period or demonstrate exceptional circumstances existed to warrant extension of the recapture period.  Discharged

Ibarra, 36 FLW 423, 2nd DCA, Discovery-State failed to comply - Trial court erred in allowing the State to impeach def with a previously undisclosed ORAL statement to detective that was contrary to def's trial testimony with first conducting a Richardson hearing to determine if discovery violation occurred and was the def prejudiced.

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

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