February 29, 2008

Steil, 33 FLW 549, 4th DCA, aggravating fleeing or eluding an officer-insufficient evidence of driving at "high speed" or with "wanton disregard" for safety of persons or property, while fleeing or eluding an officer with lights and sirens activated, to support the conviction where ofc testified that he did not have lights or sirens on for most of the pursuit

Humphrey, 33 FLW 578, 2nd DCA, husband-wife privilege, cell phone records reflecting the number of calls between the def husband and wife, the duration of the calls, and the relative physical location of the cell phones at the time of the calls are not protected from disclosure of the husband-wife privilege-only the substance of the conversation is protected

Mordenti, 33 FLW 587, 2nd DCA, error to exclude testimony of attorney for alleged coconspirator, who was deceased at the time of the trial, regarding statements made to attorney by co-conspirator, where such testimony, if believed by the jury would exonerate the defendant, any attorney-client privilege was waived when the state received an ex parte order requiring attorney to respond to state's questions in prior trial-where Florida Supreme Court did not treat information as privileged in prior appeal, that has become law of the case as it relates to privilege-statements are admissible as impeachment of state witness, also admissible as spontaneous statement and statement against interest

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