January 23, 2009

Meshell, 34 FLW 41, Fla, L & L, 800.04(4) not D.J. violation when oral sex and vaginal penetration in one single criminal episode can be more than one count, elements of different proof and and therefore distinct criminal acts


Evans, 34 FLW 150, 4th DCA, tampering with evidence-evidence that def threw or dropped cocaine rock in sand and ofcs were unable to find, without further evidence of specific intent to tamper with or conceal the evidence was insufficient to find anything more than mere abandonment-error to deny JOA

Spangler, 34 FLW 170, 5th DCA, Bolstering of witnesses-state's direct exam of arresting officers regarding their interest, bonus, discipline and incentives in relation to outcome of the case was relevant to only the bolster the officer's credibility and court erred in allowing this testimony-not harmless when the case is based on the two officer's credibility and state focused on it during closing argument



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