January 30, 2009

Bowers, 34 FLW 207, trial court erred in discharging the def from further prosecution based on a violation of rule 3.191-continuances and delays attributable to the def waived speedy trial time in rule 3.191(m) even after a mistrial one would have to file a demand.


Beam, 34 FLW 217, 5th DCA, def who had sexual intercourse with his 18 year old adopted daughter and niece by his marriage could not be convicted of incest because adopted daughter was not related to the def by consanguinity-does not extend to persons related by affinity or adoption or biologically by blood


Harris, 34 FLW 220, 2nd DCA, error to stop vehicle on ground that trailer hitch partially blocked the tag and ofcs could not read the letters on the tag from 30 to 50 feet-properly attached trailer hitch is not "other obscuring matter" for purpose of statute requiring that id information on plate be clear and distinct and free from defacement, etc.

Cromartie, 34 FLW 223, 1st DCA, evidence to exclude evidence of def's blood alcohol level at time of fight in which the def struck the victim one time and victim fell under theory of defense was that victim was acting in an aggressive, threatening manner, under the influence of alcohol and was defending himself when he struck the victim only once-new trial required


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