Tuesday, October 18, 2011

Law Updates for October 7, 2011

Davila, 36 FLW 579, Sup. Ct , A parent can be convicted of kidnapping of one's own child even if no court order involved.

Parker, 36 FLW 1245, 2nd DCA, Possession of child pornography - Defendant's conviction and sentence is reversed for possessing photographs depicting child's heads on bodies of adult females engaged in sex acts (not computer generated). 827.071 requires that the depicted sexual conduct be that of a child and photographs which leave no doubt that child engaged in a sexual act, actual or simulated and a reasonable viewer must believe the actors actually engaged in the conduct on camera, it must involve actual children.

Lester, Jr., 36 FLW 2157, 4th DCA, Hearsay, dying declaration.  No error in admitting out-of-court identification made by deceased victim by blinking once for no and twice for yes in identifying the defendant.

Williams, 36 FLW 2163, 5th DCA, Husband-wife privilege.  Trial court erred in admitting wife's statement that defendant needed money in order to pay his attorney (robbery case).  Covered by privilege - not waive objection by not objecting in her deposition - statement regarding defendant's street name was not protected because it was information generally known in the community.  Harmful error.

J.H., 36 FLW 2165, 5th DCA, Where trial court had orally announced juvenile's sentence of probation at initial disposition hearing, juvenile had begun serving his sentence when juvenile left the courtroom.  Summoning juvenile back in courtroom and sentence to 3 years in residential treatment violates double jeopardy. Fact that PDR was missing a comprehensive evaluation and report had DJJ'S probation plan, in error, was not fault of the juvenile causing him to be allowed to be sentenced again.

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

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