Wednesday, August 10, 2011

Law Updates for August 5, 2011

Siegel, 36 FLW 1633, 4th DCA, Peremptory challenge - Gender discrimination.  Error to disallow defense challenge to two female jurors when defense counsel provided genuine, gender neutral reason for each challenge.  Court never did a genuineness analysis, but simply said the reason for the strikes were pretextual - Sex case: one juror who had a relative convicted of a sex crime and other, a teacher in frequent contact with children.

Aders, 36 FLW 1637, 4th DCA, Trial court properly ruled that the deputy was justified in making a traffic stop to determine if the license plate was attached to the correct vehicle where the defendant's car color failed to match the color in the computer registration.  There is no legal duty to notify the state of a change in color, but the color discrepancy creates sufficient reasonable suspicion to justify a traffic stop for further investigation.

Wess, 36 FLW 1640, 1st DCA, Robbery by sudden snatching - Purse taken while victim was sitting on a bench at a bus stop with the purse touching her hip.  Insufficient to sustain conviction: purse not taken from the victim's person.  Remand to reduce to lesser offense of theft.

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

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