Wednesday, May 4, 2011

Law Updates for April 29, 2011

Hayward, 36 FLW 829, 4th DCA, Error to admit evidence of defendant's prior DUI conviction.  By taking the stand in his own defense and explaining why he refused to take breath alcohol test, he did not open the door to evidence about his prior DUI conviction where he did take a breath test and the results were used against him.

Ginsberg v. Miami Dade County, 36 FLW 832, 3rd DCA, Pretrial detention without bond - Defendant who violates condition of pretrial release forfeits right to conditional release under original bond, but does not forfeit altogether his constitutional right to pretrial release.  Error to order defendant detained without complying with requirements of statute and procedural rules.  Failure to comply with this cannot be cured by the fact that the defendant might have been given notice and opportunity to be heard before being denied bond.

McKay, 36 FLW 849, 3rd DCA, Abuse of discretion to deny challenge for cause of juror who indicated that if State presented credible evidence and defendant did not testify he would be more inclined to convict.

Power v. Boyle, 36 FLW 857, 1st DCA, Injunctions-Repeat violence -  Incident involving uncivil and immature behavior, drunk and profanity, was not enough for injunction without evidence of threat of violence or overt act that would create reasonable fear that violence was imminent.

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

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