January 15, 2008

Swift, 33 FLW 222, 2nd DCA, error to deny JOA for Agg. Assault where charge was based on theory that the defendant backed his automobile in the direction of a police officer who had run behind the def's vehicle only seconds before def began to back up out of a driveway at night, state failed to prove the def had requisite specific intent to threaten the officer

Richardson, 33 FLW 230, 4th DCA, trial court erred in denying the motion to suppress physical evidence and post-Miranda statement based on an illegal stop of the def's vehicle-no reasonable suspicion that criminal activity was or about to take place, stop was illegal, where the def was parked in a deserted parking lot where he had made numerous drug arrests, observed the vehicle swaying back and forth and described the swaying as not too violent-location and non-violent swaying not justify the stop

**Hobbs, 33 FLW 260, 5th DCA, sexual activity with child-confession, Section 92.565, which eliminates the corpus delicti precondition for introduction and admissions of confessions in sexual abuse cases when the state is otherwise unable to prove the crime, is applicable to make the def's confession admissible when the state inability to prove the crime due to victim's lack of cooperation rather than her incapacity-Conflict certified, Kelly, 946591(1st DCA 2006)