July 25, 2008

Shreith, 33 FLW 1784, 4th DCA, self-defense-trial court correctly sustained objection to 911 calls originating from convenience store where def worked to establish facts which would help jury understand the self defense claim by demonstrating what the def was thinking at the time of the incident-calls were hearsay and no evidence that def knew of the previous incidents reflected in calls-no error in precluding def from questioning detective about police reports about three prior incidents involving encounters between the def and third parties-prior incidents not sufficiently similar to crime charged to have any probative value with regard to reasonableness of def's conduct with victims in this case

Thompson, 33 FLW 1793, 3rd DCA, police stopped def vehicle fit the description of person who committed armed robbery, arrested for DUI transported to DUI intake room and refused to submit to breathalyzer test, immediately invoked Miranda, trial court properly suppressed the confession which was given to the detective who initiated questioning after the def spent the night in jail-when invoked right to counsel not invoking it as to whether or not to blow into the machine-invoked Miranda in DUI intake room, could not be questioned as to any matter-fact that police initiated questioning in jail creates a presumption of coercion in def subsequent waiver and does not dissipate the statement with the later reading of Miranda

Stephens, 33 FLW 1814, 2nd DCA, L & P, evidence that the def was in parking lot of closed business in early morning hours and moved into shadows and crouched behind a car when saw patrol car was sufficient to prove that def was loitering and prowling in manner not usual for law abiding citizens-state failed to prove second element, that his conduct did not warrant a justifiable and reasonable alarm or immediate concern for safety of persons or property located in the vicinity- fact that ofc subsequently discovered evidence of other crimes does not alter court's analysis, L & P must be complete before any police action occurs-discharge def for L & P

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