Archived Updates, July 18, 2008
UPDATES TO FLORIDA LAW
(with thanks to Barry Butin)
July 18, 2008
Davila, 33 FLW 1715, 2nd DCA, evidence that the def was present at the scene of robbery committed by others and def had knowledge that the robbery was about to be committed was insufficient to sustain the conviction where there was no evidence that the def committed any act to assist or abet the others in committing robbery-error deny JOA
Wilson, 33 FLW 1734, 3rd DCA, state impermissibly commented on def's right to remain silent at end of closing argument, no merit to state's contention that statement did no more than state the obvious, case law in accord
Cohen, 33 FLW 1740, 3rd DCA, Perjury conviction reversed where elicited testimony constituted an opinion, which is an inappropriate basis to support perjury conviction
Lee, 33 FLW 1760, 1st DCA, error to deny dispositive motion to suppress incriminating statements made by def in his home to deputy sheriff-Def was in custody for Miranda purposes where seventeen year old def was subject of investigation for having a sexual relationship with underage girl and was kept out of school to submit to questioning; purpose of interrogation was to obtain incriminating statements; although parents were initially present, deputy had them step outside, leaving deputy to question def alone; manner if interrogation was insistent, authoritative, and repetitive; def was confronted with evidence of guilt when deputy stated victim first lied then admitted that she and the def had sex, and deputy had obtained bed sheets and underpants from the victim, and deputy never advised the def of Miranda rights or took any measures to mitigate coercive aspects of questioning, such as informing the def he was free to leave or that he could terminate questioning
PRIOR UPDATES
(with thanks to Barry Butin)
July 18, 2008
Davila, 33 FLW 1715, 2nd DCA, evidence that the def was present at the scene of robbery committed by others and def had knowledge that the robbery was about to be committed was insufficient to sustain the conviction where there was no evidence that the def committed any act to assist or abet the others in committing robbery-error deny JOA
Wilson, 33 FLW 1734, 3rd DCA, state impermissibly commented on def's right to remain silent at end of closing argument, no merit to state's contention that statement did no more than state the obvious, case law in accord
Cohen, 33 FLW 1740, 3rd DCA, Perjury conviction reversed where elicited testimony constituted an opinion, which is an inappropriate basis to support perjury conviction
Lee, 33 FLW 1760, 1st DCA, error to deny dispositive motion to suppress incriminating statements made by def in his home to deputy sheriff-Def was in custody for Miranda purposes where seventeen year old def was subject of investigation for having a sexual relationship with underage girl and was kept out of school to submit to questioning; purpose of interrogation was to obtain incriminating statements; although parents were initially present, deputy had them step outside, leaving deputy to question def alone; manner if interrogation was insistent, authoritative, and repetitive; def was confronted with evidence of guilt when deputy stated victim first lied then admitted that she and the def had sex, and deputy had obtained bed sheets and underpants from the victim, and deputy never advised the def of Miranda rights or took any measures to mitigate coercive aspects of questioning, such as informing the def he was free to leave or that he could terminate questioning