October 10, 2008

Williams, 33 FLW 2319, 3rd DCA, other crimes, wrongs or acts, def charged with 3 separate armed robberies, and firearm expert determined that bullet casings removed form all 3 guns were forced from the same weapon, even though the robberies may not have been similar in nature can admit facts of robberies into each trial as there was witness identification for all the robberies, should be admitted to establish identity, test for admissibility is relevancy not necessity

Chamblin, 33 FLW 2353 1st DCA, DUI Manslaughter-Comment on def right to remain silent-prosecutor impermissibly commented on def Post-miranda silence in emphasizing to the jury that the def at any time prior to his first trial, offered the exculpatory explanation he gave a trial-on cross at first trial got the def to tell the jury this is the first time he ever told anybody that the victim deceased passenger had grabbed his wheel causing the vehicle to flip and period between the accident and the first trial referred to by prosecutor necessarily included extended period after the def received his Miranda warnings, prosecutor told jury def had the ability to tell paramedic to shift the blame for the accident to his friend and waited a year to do that focused the jury's attention on the entire first year after the accident, which included an extended post-miranda period

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