February 1, 2008

Busciglio, 33 FLW 267, 2nd DCA, trial court erred in suppressing arresting ofc's request and def refusal to take a breath test(2nd time now a misdemeanor) on ground that the def was denied his right to counsel on ground that he was now facing a misdemeanor and not just a license suspension-ofc explanation to the def of obligation to take the breath test, request that def take the breath test, def response to request did not constitute testimonial interrogation implicating right to counsel

Gallo, 33 FLW 284, 4th DCA, Arthur hearing found for the state, presumption of guilt is great and proof of charge is evident here there were not enough substantial questions of fact raised as to the guilt or innocence of the defendant based on the def's statements with a brutal second degree murder and his statement did not explain the highly incriminating circumstances which teded to impeach is version of events

Reed, 33 FLW 289, 4th DCA, reasonable doubt as to the impartiality of prospective juror and his ability to be fair and impartial response that he will always "favor a little bit more" police officers and favor them even more when alcohol is involved, remand for new trial

Morton, 33 FLW 338, 5th DCA, Motion for mistrial should have been granted where c.i. who allegedly purchased cocaine from the def testified that "a lot of folks knew that the def was selling drugs-curative instruction not enough where jury was improperly informed of def's prior criminal activity