Friday, May 20, 2011

Law Updates for May 13, 2011

Brown, 36 FLW 935, 4th DCA, Self-defense - Trial court erred in giving the standard instruction for self-defense, instructing jury that self-defense was only authorized only if injury to the victim occurred where injury was not an element of the crime, and State argued such.  Error was fundamental, negated def's sole defense to the crime-Battery LEO case.

Moss, 36 FLW 940, 4th DCA, Statements of the defendant - Error to deny motion to suppress custodial statement def gave to  police after he said "I want to talk to a lawyer." Post-invocation statements cannot be used.  Waiver: def did not subsequently waive the privilege where the def did not reinterate  the exchanges with the police, instead interrogating officer continued to question the def without pause and subtly undermined the request for a lawyer in various ways.  Not harmless

Walker, 36 FLW 984, 1st DCA, Where the def sought to suppress evidence flowing from stop of her vehicle, because stop was conducted by an off-duty policemen acting outside his jurisdiction. Trial court erred in denying motion where the mutual assistance agreement was not presented to the court until after the motion to suppress.  Her due process was denied, as the def could not challenge  the authenticity, continued validity, or statutory compliance of the evidence.

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

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