Wednesday, April 6, 2011

Law Updates for April 1, 2011

R.H. 36 FLW 604, 4th DCA, Juvenile could not be adjudicated delinquent for possession of weapon on school property based on his possession of common pocketknife, blade 3 1/4 inches.

Coleman, 36 FLW 618, 1st DCA, Comment on right to remain silent - Detective's testimony that the defendant "abruptly ended the interview" when detective told her he suspected certain thefts involved a single employee of the victim who had opportunity and ability to gain access to two different stores at which the thefts occurred and when the detective began "to put those pieces together." New trial - the comment was not harmless.

Miles, 36 FLW 620, 1st DCA, Statement of def was unequivocal right to remain silent when he told the police, "actually I do not know nothing about this, so I'm not fixing to say nothing about this," made at outset pre-Miranda and detectives were required to terminate interrogation at that point.  Error not harmless. see Cuervo, 967 So. 2d 155(Fla. 2007)

J.L., 36 FLW 626, 5th DCA, Burglary, Curtilage - Testimony that there was a fence in the back of the dwelling, and a fence between the dwelling a and neighboring house, was insufficient to prove that the juvenile took property from the curtilage of the residence when he took property which was leaning against the side of the dwelling.

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

No comments: