ERIC J DIRGA, PA

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Return to Confusion: With or Without Knowledge – Updated 08/13/12.

The Supreme Court of Florida has tried to clarify what the State need to do to prove a DWLS case when it does not have the presumption of knowledge that is found in the statute. ANDERSON v. STATE, 37 Fla….

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Probation Cases:

PERSON, A.K.A. PEARSON, v. STATE, 37 Fla. L. Weekly D634a (Fla. 3d DCA, Mar 14, 2012) Three violations found by trial court were unsupported (unfortunately this guy had five violations but the reasons dismissing three are always helpful). “While Person…

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S&S in a L&P case, ASA steps up to the plate, and Constructive Possession

Mills v. State, 36 Fla. L. Weekly D877 (Fla. 2d DCA, Apr 27, 2011): Defense Appeal, Reversed – The Second comes up with an excellent search and seizure case regarding Loitering and Prowling.  As usual, the Second provides case law…

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Even more DCA cases…and GANT revisited

For full text of case law listed here please go to http://www.floridalawweekly.com and subscribe. MCCLOUD v. STATE, 36 Fla. L. Weekly D777 (Fla. 4th DCA Apr 13, 2011): Defense Appeal, Reversed – Trial court reversibly erred when it refused to instruct…

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