February 15, 2008

Hill, 33 FLW 426, 2nd DCA, fingerprint-evidence that def's fingerprint was found on a piece of glass from a broken window at burgled premises was insufficient to sustain conviction of trespass of LIO of burglary where the window was accessible to the public

Novak, 33 FLW 431, 4th DCA, self-defense, jury instructions, error fundamental, jury instruction imposing a "duty to retreat" on a def who employs self-defense while in "engaged in unlawful activity" was confusing under the circumstances because the def was not engaged in an unlawful activity other than the crimes for which he asserted the justification is well-taken

Berube, 33 FLW 451, 5th DCA, def was erroneously convicted of vehicular homicide where evidence did not prove that the driving in a reckless manner likely to cause death or GBH to another-def's act of briefly stopping and then making a left turn across opposing lanes of traffic and hitting an oncoming traffic and hitting an oncoming vehicle after a following truck had almost hit the def's vehicle from the rear did not rise to level of recklessness necessary to support the conviction

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