Archived Updates, September 5, 2008

We Don't Judge - We DEFEND! ™


UPDATES TO FLORIDA LAW
(with thanks to Barry Butin)

September 5, 2008

M.G., 33 FLW FLW 2046, 1st DCA, Giving false name or identification to LEO, 901.36(1), Common law defense of recantation-defense does not apply in this case because juvenile did not recant false information until after she was arrested-good discussion

Bouie, 33 FLW 2054, 4th DCA, evidence-other crimes-error to admit evidence of other purse snatchings near parked cars, shared, at best, only a general similarity to def's case and suggested little more than propensity and bad character-not harmless-error to admit evidence of firearm found in auto jointly occupied by the def and someone else where none of the charges concerned a firearm

Deans, 33 FLW 2064, 5th DCA, ID-trial court erred in admitting testimony of detective regarding witness out-of-court id of def where the witness who made the id was not asked about def identity at trial



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