Wednesday, August 31, 2011

Law Updates for August 26, 2011

Dixon, 36 FLW 1815, 4th DCA, Def's repeated statements he did not want to talk about the burglaries of his parent's house was unambiguous and unequivocal.  Police did not honor the def's request to remain silent.  Trial court erred in deciding that the def could not invoke the right to remain silent regarding certain matters but not others.

T.S.W., 36 FLW 1821, 4th DCA, CCW, court should have dismissed case.  Common pocketknife (3.5 inches) and lacks weapon-like characteristics.

Breen, 36 FLW 1861, 1st DCA, Error to deny JOA where evidence established that the def entered the apt he shared with girlfriend, he was paying at least the expenses and bills for the apt, his belongings were still in the apt and no evidence that the girlfriend revoked her consent to the def living in the apt.

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

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