March 20, 2009

Cowan, 34 FLW 534, 4th DCA, Post-Arrest silence, video recording made of interaction between def and companion after they were arrested and left unattended in back seat of police car may have been admissible for limited purpose of showing that contrary to his testimony at trial def actually spoke to the companion, cross-exam of def as to why he did not to respond to companion's implied accusation and prosecutor's comments in closing argument emphasizing def's silence in patrol car was improper, comments on def post arrest silence - new trial

Robinson, 34 FLW 572, 1st DCA, sexual offender registration - evidence insufficient to support conviction for failing to comply with registration requirements by failing to report change in residence, although def was sleeping outside on the sidewalk of the homeless shelter which he listed as his current permanent residence, undisputed def advised local authorities where he could be located and complied with statutory requirement - fact that a client services rep. at homeless shelter did not see def at the shelter is not dispositive where def explained in unrebutted testimony he left early in the morning for work before rep arrived at shelter for his workday.


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