December 5, 2008

Estrich, 33 FLW 2726, 4th DCA, DUI Manslaughter-court abused its discretion in denying def's motion in limine to prohibit testimony about presence of marijuana in def's blood where DUI prosecution was based on ingestion of Xanax and state conceded marijuana did not contribute to the crash-probative value of evidence was substantially outweighed by danger of unfair prejudice, possession of another illegal drug would bolster the state's contention that yet another drug impaired his ability to drive, court erred on failing ot sever the misd marijuana charge

Brown, 33 FLW 2741, 3rd DCA, racial discrimination-juror's non verbal conduct which was not observed by either the judge or defense counsel was not a proper basis to sustain state's peremptory challenge as genuinely race-neutral



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