May 2011 Updates

Circumstantial Evidence (film)

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State v. Wooten, 18 Fla. L. Weekly Supp. 441 (6th Jud. Cir., Mar 1, 2011): State Appeal, Reversed – Court issued judgment of acquittal after the jury verdict (guilty).  Appellate court said, no.  Good discussion on circumstantial evidence standard for JOA.

State v. Walton, 18 Fla. L. Weekly Supp. 443 (6th Jud. Cir., Mar 4, 2011): State Appeal Order Granting Motion to Suppress, Reversed – DUI case involving parked car with unconscious driver behind wheel.  Court granted motion to suppress.  Unfortunately, there is a lot of case law on this issue.  Lists just about every case by DCA that deals with it.

Joseph v. State, 18 Fla. L. Weekly Supp. 447 (11th Jud. Cir., Mar 9, 2011): Defense Appeal, Affirmed – Domestic violence case.  Victim recanted and/or her testimony vacillated as to consent.  Long opinion, lot’s of case law, on the issue of consent and whether a jury can properly decide the issue. (Hint – yes, they can but still a good read).

State v. Koehler, 18 Fla. L. Weekly Supp. 455 (17th Jud. Cir., Feb 23, 2011): State Appeal Granting Motion to Suppress, Affirmed – DUI case. Car stopped at stop sign in high crime area for a minute and a half was not sufficient reasonable suspicion to justify stop.  Pulling marked patrol vehicle in front of defendant’s vehicle and shining spotlight at driver was stop not consensual encounter.  This follows other DCA cases (most listed) and it is always good to have more cases following this reasoning.  Also good on discerning consensual encounter, reasonable suspicion, and probable cause standards.

There were a lot of Formal Hearing Review writs that were denied this month.  Some interesting but not as good as those that are granted.  I have not read through the “original” circuit court and county court orders but I did skim some that seemed interested.  I will update this post if I feel they are worth having.

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