Archived Updates, August 22, 2008
We Don't Judge - We DEFEND! ™
UPDATES TO FLORIDA LAW
(with thanks to Barry Butin)
August 22, 2008
Ochacher 33 FLW 1977, 4th DCA, Collateral crimes-error in allowing testimony about def suspended license at time of charged offense was harmless given totality of evidence, including uncontradicted direct observations of defendant by the officers-Felony DUI case-see dissent
Nelson, 33 FLW 1989, 5th DCA, PRR-Qualifying offenses, Error to impose PRR on Battery of person over 65-not enumerated felony and does not contain essential element of use of threat or physical force or violence against the individual, same as Batt LEO, Hearns, 961 So. 2d 211(Fla. 2007)
Alcantar, 33 FLW 1998, 2nd DCA, Trafficking in cocaine-ID-Trial court abused discretion in permitting inadmissible hearsay and improper or irrelevant character evidence to buttress undercover officer's id of person who sold him cocaine-trial court decision to admit in irrelevant evidence and prejudicial testimony that a 2nd ofc knew the def from his long experience in law enforcement and to admit into evidence the improper hearsay testimony that c.i. identified defendant as person who sold the drug were against the rules of evidence and an abuse of discretion-2nd ofc did not witness the drug transaction or have contact with the def during the transaction, his ability to ID the def in court was of little or no probative value-not harmless-new trial
PRIOR UPDATES