April 11, 2008

Garzon, 33 FLW 240, Fla, use of "and/or" conjunction between the names of the co-def's in jury instruction on substantive crimes together with standard principals instruction was not under the facts of the case here fundamental error, not preserved here by objection, principal instruction explained to the jury properly the only way to convict each defendant and properly communicated by the judge, state and defense counsel

Telfort, 33 FLW 918, 4th DCA, Fingerprint examiner testified that other fingerprint examiners, over defense objection, had compared fingerprint found at home burglary scene and verified the id of def left index finger-Improper bolstering was probably prejudicial, without a confession state would be hard pressed to make the error seem harmless

Greider, 33 FLW 949, 2nd DCA, Vehicle search-ofc who observed vehicle parked legally parked in public park with towels rolled in the window so the ofc could not see inside the vehicle and acted legally when he approached the passenger side to determine whether anyone was inside the vehicle-once it was determined that the occupant of the vehicle ws okay and not involved in criminal activity, ofc lacked authority to order the def to lower the driver's side window-error to deny Motion to suppress drug para. observed in plain view through driver's side window and drugs found in door compartment of vehicle and ofc opened the door and directed the def to step out.

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