March 2011 Updates

Driving without due care and attention

Image by Paul Henman via Flickr

Florida Law Weekly Supplement Updates.  Go to to subscribe.  Not all cases are presented and only brief synopsis are given due to me trying to have a life.  Enjoy.

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State v. Francis, 18 Fla. L. Weekly Supp. 250 (6th Jud. Cir., Dec 16, 2010): Motion to Suppress appealed, reversed – long opinion dealing with a Gant issue but also goes through analysis on plain view and open view doctrine.  Many citations to the relevant controlling higher court cases.

Ascherman v. State, 18 Fla. L. Weekly Supp. 253 (7th Jud. Cir., Dec 30, 2010): Driver appeals denial of motion to dismiss, reversed – Driver was involved in a car accident that resulted in the death of another.  Driver was issued a citation for Careless Driving.  Driver moved to dismiss because citation was devoid of any description of what the driver did that was “careless.”  Case remanded to withdraw conviction and dismiss charge.

Faulkner v. DHSMV, 18 Fla. L. Weekly Supp. 255 (9th Jud. Cir., Dec 20, 2010): Writ of Certiorari, Granted – Defendant license suspension upheld by the Department files writ indicating that Department did not use Pelham standard.  Court grants writ AND orders Department to quash suspension.  Department had benefit of Pelham ruling at time of formal review hearing.

McDaniel v. State, 18 Fla. L. Weekly Supp. 270 (16th Jud. Cir., Dec 16, 2010): Writ of Certiorari, granted – analysis of fellow officer rule observing the conflict among the District Courts of Appeal in Ferrer v. State, 785 So.2d 709 (Fla. 4th DCA 2001) [26 Fla. L. Weekly D1407a] and Bowers v. State, 23 So.3d 767 (Fla. 2nd DCA 2009) [34 Fla. L. Weekly D2384a].

Have a great March 2011! (Let’s all hope for a better economy).

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