Friday, July 29, 2011

Law Updates for July 22, 2011

Rodriguez, 36 FLW 1517, 4th DCA, Impeachment, prior inconsistent statement - Trial court erred in refusing  to allow testimony that the victim told detective he did not know who shot him, after the victim testified on cross-exam that defendant shot him, and he did not remember telling the detective he did not know who shot him.  When a witness at trial does not remember earlier inconsistent statement, the witness does not "distinctly admit making" the statement under 90.614(2) and therefore extrinsic evidence of it is admissible - harmless error here where victim was heavily sedated at the time of the previous statement and defendant told officer he killed the victim.  The gun used in shooting linked to defendant and all eyewitnesses gave descriptions of the shooter that matched the defendant.

B.C., 36 FLW 1532, 1st DCA, Trespass no school grounds - Deputy who said he was a school board police officer and did not have authority to exclude children inasmuch as deputy was not under the command of the school principal. There being no connection between the deputy and principal's office, the essential element of 810.097(2), the conviction constituted fundamental error - conflict certified.  There was a similar case last week.

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

Wednesday, July 20, 2011

Law Updates for July 15, 2011

D.P. 36 FLW 1445, 3rd DCA, A uniformed officer was called to a parking lot where juveniles were loitering following a party, was told by a young woman who appeared nervous and fearful that a juvenile had a gun pointed it at her.  Officer had reasonable suspicion justifying a  pat down search.  Officer approached juvenile to verify the information and the juvenile began backing away from the officer.  Women, never identified by the police before she left the party before the pat down was complete, was a citizen informer rather than a anonymous tipster.  Information provided by her was entitled to a greater indicia of reliability than an anonymous tipster-trial court properly denied motion to suppress.

B.M., 36 FLW 1460, 3rd DCA, Battery LEO-Impeachment - Trial court erred in precluding juvenile from adducing evidence that the officer, whom he allegedly resisted, used excessive force and evidence about an internal affairs complaint juvenile brought against the officer.

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

Friday, July 15, 2011

Law Updates for July 8, 2011

Moreno-Gonzalez, 36 FLW 360, Fla, Failure of officer to sign an affidavit in support of search warrant did not render the warrant invalid.  All the surrounding circumstances clearly and without dispute demonstrate that the entire written affidavit in support of search warrant was initialed and sworn to under oath before the judge who issued the warrant.  There was no evidence of unlawful or malicious conduct or intent on behalf of the police.

D.J., 36 FLW 363, Fla., Trespass on school property - Evidence was not sufficient to prove that a juvenile was warned by a person of authority where the security guard who warned the juvenile to leave school grounds stated her only job was to monitor students behavior.  No evidence this person was vested with this power by the principal to restrict access to school property.

Vardman, 36 FLW 1405, 4th DCA, Judicial vindictiveness - After plea offer rejected by the defendant, defendant was  sentenced to 30 years.  Case discusses the totality of circumstances and the four factors laid out in Wilson, 845 So. 2d 142(Fla. 2003).

Wilbur, 36 FLW 1430, 5th DCA , Similar fact - Trial court erred by permitting state to introduce evidence concerning two earlier sales to the same confidential informant, evidence which was not relevant to case charged and was admitted only to show def's propensity to sell cocaine.  Error was not harmless.

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

Wednesday, July 6, 2011

Law Updates for July 1, 2011

Majors, 36 FLW 1355, 1st DCA, No reasonable suspicion or community caretaking, i.e. public safety and welfare, function where the officers stopped a vehicle backing out of a space after receiving a call from a bank reporting strange activity by a customer who was attempting to withdraw a large amount of cash, wanted to make a check payable to a driver of a vehicle that was parked in front of the bank, and kept going back and forth between the vehicle and the bank, acting strangely and having discussions with the people in the vehicle.  Officers said they did not suspect a crime was being committed when they stopped the vehicle.

Casias. 36 FLW 1366, 2nd DCA, DNA statistician testimony - The expert never identified or explained the methodology she used to complete her statistical analysis. She did not testify that she knew how the statistical program worked, or that she was required to know how it works, or she was able to do the statistical calculations by hand.

M.D., 36 FLW 1372, 1st DCA, School searches - An anonymous tipster called school and told them that student had carried a gun three months earlier.  School resource officer asked school security guard to escort student to security office.  A search of student pursuant to general school policy was not unlawful.  Allegations of gun possession on school campus are different from traditional 4th cases.

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