April 4, 2008

Williams, 33 FLW 858, 4th DCA, evidence presented by the state failed to establish prima facie of guilt where police could only testify only they saw what they believed to be hand-to-hand transaction and that def received some amount of cash from the driver in one exchange-Although drugs were found in a particular car, and police observed an encounter and possible transaction between def and the car's driver, there was no evidence linking the drugs in the car to the def-error to deny JOA

Joseph, 33 FLW 864, 4th DCA, trial court abused it's discretion in limiting def's cross-exam of officers as to whether they had prior excessive use of force complaints filed against them-state's argument that is line of questioning is allowed only where the complaints have been substantiated is rejected-error not harmless here, def acquitted of one count, shed light on discrepancies in testimony or ofc's credibility, def had no prior record and def claimed excessive forcee in arresting her

Dixon, 33 FLW 865, 4th DCA, stop-consensual encounter at Amtrak train station-contact between def and detectives could not be characterized as consensual encounter where ofcs approached def as he came out of the ticket booth, and before police asked for permission to search def, they showed him their badges, told him they were narcotics detectives working at the train station and reason for contact was large problem with people smuggling drugs no train and asked def if he was riding the train and to produce his ticket-manner approached def, one from front and one form rear who passed def and as a result were tow ofc's in def's path, supported trial court conclusion that contact was not consensual and that reasonable person would not have felt to free to disregard detectives questions and request to produce ticket and simply proceed on his way-no error granting motion to suppress

Fehringer, 33 FLW 868, 4th DCA, trial court erred by prohibiting def counsel from proffering minor's victim testimony regarding a prior accusation of sexual assault she made against another man-Lewd and Lascivious conduct case-error not harmless-fact that victim did not recant prior allegation does not preclude the defense counsel from inquiring into this allegation-no error in denying def's motion in limine regarding def's conduct in text messaging, tickling, and telling victim to "take it out in trade", not evidence of collateral crimes, relevant evidence admissible as part of, or inextricably intertwined with, the crime charged

Johnson, 33 FLW 869, 4th DCA, error to permit state to bolster victim's ID of def as one of the perpetrators of burglary by allowing to victim to testify that hse had correctly identifed the co-defendant at co-defendant's sentencing-error not harmless where def's defense was Misidentification and there was no physical evidence to support state's charge that def participated in the burglary

Clark, 33 FLW 873, 4th DCA, error to deny JOA where state failed to prove that def knew the officer intended to detain him where the def ran across the parking lot jumped fence and disappeared, resisting ofc without violence thrown out

Robinson, 33 FLW 878, 2nd DCA, Search and Seizure, fact that the def was standing around with a group of men surrounded by the odor of burning marijuana did not give the police pc for search of def's person-def initially gave consent for search of his person and then withdrew consent did not give ofc pc to search for marijuana-error to deny motion to suppress

Hines, 33 FLW 898, 1st DCA, evidence-collateral crime for which the def was acquitted-where the def was charged with robbery with a forearm and possession of F/A by convicted felon, trial court abused discretion by admitting into evidence def's alleged possession of a firearm on a different date, a crime for which the def was acquitted

Woodard, 33 FLW 899, 1st DCA, Lewd ir Lascivious Molestation-evidence, other crimes, wrongs or acts, vague testimony of witness regarding an incident described only as a "sexual assault" committed on her by def 17 years before the charged crimes was erroneously admitted-not sufficiently similar to the charged offense

Reaves, 33 FLW 901, 1st DCA, Racing on Highway-316.191 is facially constitutional, conflicts with Wells, 965/834(4th DCA 2007)

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