CRIMINAL LAW: EVIDENCE: HEARSAY: RULE OF COMPLETENESS: UNDER RULE OF COMPLETENESS, TRIAL COURT ERRED BY ADMITTING ONLY DEFENDANT’S INCULPATORY STATEMENT TO PARAMEDIC AND EXCLUDING EXCULPATORY STATEMENT ALTHOUGH IT WAS SELF-SERVING HEARSAY: WHEN THE STATE OPENS THE DOOR, OTHERWISE INADMISSIBLE EVIDENCE MAY BE INTRODUCED TO AVOID MISLEADING THE JURY

Newton v. State, ___ So. 3d ___, 40 Fla. L. Weekly D761 (Fla. 5th DCA March 27, 2015)

The defendant’s girlfriend died when his truck rolled over after they left a bar. It was undisputed that the defendant was intoxicated, but he contended that his girlfriend was the driver. At trial, the State called a paramedic, who testified that … Click To Read Full Case Law Review...

CRIMINAL LAW: EVIDENCE: APPEALS: PRESERVATION: DEFENDANT FAILED TO PRESERVE HIS CHALLENGE TO THE EXCLUSION OF EVIDENCE BECAUSE HE DID NOT PROFFER THE DESIRED TESTIMONY, AND IT WAS NOT APPARENT FROM THE RECORD

Pearlman v. State, ___ So. 3d ___, 40 Fla. L. Weekly D381 (Fla. 4th DCA February 11, 2015)

The defendant was charged with lewd or lascivious battery on a child between the ages of twelve and sixteen years of age. The trial court precluded the defendant from cross examining the victim about “anatomical terminology critical to the elements of … Click To Read Full Case Law Review...

CRIMINAL LAW: EVIDENCE: COURT REFUSES TO DECIDE WHETHER FLA. R. EVID. 90.608 SUPERSEDES FLA. R. EVID. 90.615(1), WHICH AUTHORIZES THE TRIAL COURT TO CALL COURT WITNESSES; APPEALS: PRESERVATION: DEFENDANT WAIVED POINT ON APPEAL BY OBJECTING ON DIFFERENT GROUND IN TRIAL COURT

Phelps v. State, ___ So. 3d ___, 40 Fla. L. Weekly D282 (Fla. 1st DCA January 27, 2015)

On appeal, the defendant argued that “the 1990 amendment to section 90.608, Florida Statutes, which [permits] any party, including the party calling a witness, to attack the witness’s credibility,” makes obsolete section 90.615(1), Florida Statutes, which permits the trial court to call … Click To Read Full Case Law Review...

INTERNET LAW: CRIMINAL LAW: POLICE OFFICER DID NOT CONDUCT INVESTIGATION OUTSIDE HER CITY LIMITS BY USING A COMPUTER PROGRAM TO LOG IP ADDRESS OF COMPUTER IN ANOTHER CITY TRADING CHILD PORNOGRAPHY OVER PEER TO PEER NETWORK

Knight v. State, ___ So. 3d ___, 40 Fla. L. Weekly D58 (Fla. 1st DCA December 22, 2014)

The appellate court held that a police officer in one city did not exceed her jurisdiction by using a computer program to identify the IP address of a computer in another city that was sharing child pornography over a peer to … Click To Read Full Case Law Review...

CRIMINAL LAW: MOTION TO SUPPRESS: COLLATERAL ESTOPPEL: DEFENDANT WAS COLLATERALLY ESTOPPED TO CHALLENGE DENIAL OF MOTION TO SUPPRESS BECAUSE AN IDENTICAL CHALLENGE WAS PREVIOUSLY DENIED, AND THE DENIAL WAS AFFIRMED ON APPEAL

Peterson v. State, ___ So. 3d ___, 39 Fla. L. Weekly D2591 (Fla. December 16, 2014)

The defendant in a criminal case was collaterally estopped from challenging an order denying his motion to suppress because an identical challenge was previously denied, and the order denying the first motion was affirmed on appeal.

To read more briefs in the Criminal Law … Click To Read Full Case Law Review...