Law Updates for September 2, 2011

Coleman, 36 FLW 1874, 4th DCA, Resisting officer with Violence - Trial court did not abuse discretion in admitting defendant's threats, made at hospital after arrest, that he intended to kill the arresting officers, and statement after arrest that he hated white people.  Probative to reveal to jury defendant's intent to harm LEO and not prejudicial under 403.

Hyden, 36 FLW 1879, DUI Felony - State not establish predicate convictions where of one the priors was with counsel and State presented no evidence that defendant waived his right to counsel before he entered plea of guilty.  The form signed waiving counsel was six weeks before the plea.  The Court is required to renew the offer for counsel at the time of the plea.  This is a critical stage of the proceedings as long as the defendant is unrepresented.

Marshall, 36 FLW 1905, 5th DCA, Prior inconsistent statement - The trial court erred in precluding defendant from impeaching the victim where victim told prosecutor prior to the trial that the defendant was not the driver of the suspect vehicle during drive-by shooting.  When questioned at trial, victim claim he did not recall telling prosecutor that defendant was not the driver.  Not hearsay for impeachment purposes.  The fact that the defendant did not call prosecutor at trial to proffer his testimony was not an error as it would have been futile based on the court's ruling, where prosecutor confirmed the statement not necessary to call the prosecutor for  a proffer.  Not harmless error other inconsistencies in the victim's account and fact.  State cased based mostly on victim's eyewitness testimony.


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