Law Updates for February 18, 2011

Blackmon, 36 FLW 296, 2nd DCA, - Conviction for Carrying a Concealed Firearm reversed. Evidence was insufficient to prove firearm that def carried was ever concealed.  Officer's testimony that he was unable to see firearm in def's possession  from his vantage point until the moment the firearm was pointed at him was not sufficient to prove concealment.

Elghomari, 36 FLW 304, 4th DCA, Statement of child victim allowed requisite findings of reliability per statute, no discovery violation, state not required to disclose that the victim's oral statement revealing two incidents of molestation that were charged in the information, were not written or recorded and did not materially alter a prior written or recorded statement previously provided by the state to the defendant

McCloud, 36 FLW 313, 5th DCA, No error in sentencing the def to prison - Sanction based on the information that def could present a danger to the public, by voluminous theft record and not violence. Statute "danger to the public" not only person threatening physical violence or injury.

Pierre-Charles, 36 FLW 329, 2nd DCA, Hearsay - Trial court erred when it admitted head nod of def's brother which was introduced by the state as a affirmative response to father's question whether or not the def committed the murders, reasonable possibility the error effected the verdict.  Head not considered hearsay in form of nonverbal assertion


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