Kurecka et al., 35 FLW 666, 4th DCA, Florida’s implied consent statue does not require police officers to advise persons arrested for DUI that the right to counsel does not attach to their decision to submit to the breath test. The statue only requires that the person be told that the failure to submit will result in suspension of driving privileges, and refusal to submit can be admitted at trial. Refusal to submit based on def’s misconception is not basis for excluding refusal from evidence where confusion was not the fault of law enforcement on any action of the police.
Harrison, 35 FLW 678, 1st DCA, Lewd and Lascivious, expert - Where the trial counsel defended the case by challenging the reliability of the 11 year child’s memory of events, trial court erred in excluding expert testimony of the formation of children’s memories. Abuse of discretion to prevent the expert from testifying because of failure to list expert as a witness until 13 days before trial as state made no objection and court failed to conduct a hearing.
Bellamy, 35 FLW 680, 1st DCA, Peremptory challenges - Trial court erred in failing to determine whether state’s purported race-neutral reasons for striking jurors were genuine or a pretext.
Slack, 35 FLW 690, 1st DCA, 316.1935(1) is a lesser included offense of 316.1935(2) although they are both third-degree felonies: fleeing or attempting to elude a law enforcement officer. No evidence that the vehicle driven by LEO had contained agency insignia and other jurisdictional markings, court should have directed a verdict to the lesser included offense.
The Law Offices of Roger P. Foley, P.A.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
That's the lede in this solid article on South Florida lawyers starting to make deals again, by the always intrepid Julie Kay: Jim Meye...
-
Aggravated Stalking Felony If you have been charged with ASSA6001 AGGRAVATED STALKING you can c all a Defense Attorney Tampa at 1-877-793-92...
-
Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Gin Gibsons sexy Israelis Hitler Alfred E. Neumann windsurfing Bo Derek ...
-
Several in-the-know readers have passed along an incendiary anonymous memo making the rounds among administrators and trustees regarding fin...
-
Boy, this is the story that keeps on giving. I really love the way Carvalho has handled the whole emails to his lover thing, because it s...
Không có nhận xét nào:
Đăng nhận xét