Search for: "P. Rogers"
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9 Jul 2010, 1:11 pm
Good faith exception to warrant requirement does not apply where objectively reasonable officer would have known affidavit was insufficient to establish probable cause.The Law Offices of Roger P. [read post]
1 Apr 2009, 12:12 am
Roberts, 34 FLW 606, 5th DCA, While the court ruled in this case the independent act instruction was properly declined since def was willing participant in the robbery and murders were furtherance of plan there is a good discussion of the case law in the areaBolin, 34 FLW 619, 2nd DCA, good case on manslaughter instructionsMcBride, 34 FLW 620, 2nd DCA, error to deny JOA where state's evidence established that the def witnessed shooting and ran from scene, did not prove he fired a gun or def… [read post]
31 Aug 2011, 6:40 pm
Common pocketknife (3.5 inches) and lacks weapon-like characteristics.Breen, 36 FLW 1861, 1st DCA, Error to deny JOA where evidence established that the def entered the apt he shared with girlfriend, he was paying at least the expenses and bills for the apt, his belongings were still in the apt and no evidence that the girlfriend revoked her consent to the def living in the apt.The Law Offices of Roger P. [read post]
19 Sep 2011, 9:51 am
The starting point for the discussion is Nancy P. [read post]
10 Dec 2008, 1:22 am
Estrich, 33 FLW 2726, 4th DCA, DUI Manslaughter-court abused its discretion in denying def's motion in limine to prohibit testimony about presence of marijuana in def's blood where DUI prosecution was based on ingestion of Xanax and state conceded marijuana did not contribute to the crash-probative value of evidence was substantially outweighed by danger of unfair prejudice, possession of another illegal drug would bolster the state's contention that yet another drug impaired his… [read post]
13 Aug 2010, 1:06 pm
Appeal would have violated def's double jeopardy rights.The Law Offices of Roger P. [read post]
22 Jul 2009, 12:52 pm
This was only a conflict where the witness contradicts what he or she said to the defense counsel and not if it is consistent what said in the hallway.The Law Offices of Roger P. [read post]
5 Oct 2010, 12:06 pm
Error where it failed to list detective as a witness to a particular statement until the day of trial, error not harmless where the def was alibi and mistaken ID and this detective testimony contradicted the testimony of three alibi witnesses.The Law Offices of Roger P. [read post]
9 Sep 2010, 11:07 am
., ex post facto laws - application of 948.06(1) amendment which provides for tolling of a probationary period upon the filing of an affidavit alleging a Violation Of Probation and following issuance of a warrant, a warrant-less arrest, notice to appear to def placed on probation prior to the change in the tolling law is not ex post facto.Adderly, 35 FLW 1905, 4th DCA, trial court improperly admitted evidence four months after the charged offenses where def gave the police a false name and ran… [read post]
29 Jun 2010, 9:31 am
Link to the ACLU Summary of the 2009 Supreme Court TermThe Law Offices of Roger P. [read post]
8 Nov 2012, 6:54 am
Parker Compound Bows Inc Court Case Number: 1:12-cv-00390-PPS-RBCFile Date: Wednesday, November 07, 2012Plaintiff: Three Rivers Archery Supply Inc, Dale Karch, Sandra KarchPlaintiff Counsel: Melanie L Farr, Holly A Brady of Haller & Colvin PC, Todd T Taylor of Taylor & Aust PCDefendant: Parker Compound Bows IncCause: Trademark Infringement, Unfair Competition, False Designation of Origin, Common Law Trademark Infringement, Common Law False Designation of Origin, Common Law… [read post]
27 Aug 2010, 7:42 am
New Trial requiredAkien, 35 FLW 1836, 4th DCA, could admit a victim, 17 year old, 911 call in a rape case as excited utterance to hearsay after 35-40 minutes still under stress of excitement and not time to reflect yet.The Law Offices of Roger P. [read post]
26 Apr 2010, 9:44 am
No such finding was necessary where the def did not place her conduct in failing to appear at issue.The Law Offices of Roger P. [read post]
23 Nov 2010, 10:33 am
Officer only relayed the date written on the expired tag and the date of the traffic stop with nothing more.The Law Offices of Roger P. [read post]
20 Oct 2011, 10:46 am
., that he had complied with the previously imposed flight conditions, and had not received notice of a hearing he missed to determine that the Defendant was a flight risk for a third degree felony.The Law Offices of Roger P. [read post]
11 Nov 2009, 1:01 pm
Santiago, 34 FLW 2206, 4th DCA - Court erred when it failed to permit the def to reopen his case so that false testimony presented by the state to demean the credentials of defense expert could be countered and corrected prior to the jury beginning its deliberations.Brown, 34 FLW 2209, 4th DCA - Trial court used the 1.5 multiplier for presence of child in domestic case even when information failed to set forth the facts or statutory authority for such sentence enhancement.Dunlap, 34 FLW 2215, 4th… [read post]
16 Jun 2010, 9:07 am
Trial court must consider other factors, including dog's past performance in the field.The Law Offices of Roger P. [read post]
2 Apr 2008, 3:53 am
Terry Rogers, Interim State Public Defender; Donna D. [read post]
12 Nov 2014, 5:55 pm
P. 32. [read post]
2 Apr 2008, 3:53 am
Terry Rogers, Interim State Public Defender; Donna D. [read post]
