Search for: "DEF"
Results 61 - 80
of 1,273
Sorted by Relevance
|
Sort by Date
29 May 2009, 7:32 am
Incarceration in federal prison within state did not constitute absence from state for tolling of statute of limitations, where state issued warrant for def's arrest while in federal prison located in Florida, but did not serve the warrant until after the def was released and SOL expired trial court properly dismissed the chargeMainwaring, 34 FLW 976, 5th DCA, speedy trail-unavailability-incarceration in another county-where the court was aware that the def was held… [read post]
8 May 2009, 2:27 am
Def did not waive right to counsel by signing deficient plea form. [read post]
4 Mar 2011, 10:10 am
Evidence was insufficient to prove firearm that def carried was ever concealed. [read post]
9 Jun 2010, 12:13 pm
Def should have been given a verbal warning and allowed to leave with a friend.Gonzalez-Ramos, 35 FLW 1203, 5th DCA, Trial court lacked jurisdiction to find the def in violation of probation where affidavit was filed and warrant issued after the term of probation expired. [read post]
31 Jul 2009, 12:00 pm
Evidence was insufficient to prove that def had control over glass pipe containing cocaine residue found on nightstand in hotel room where evidence established nothing more than the def was a visitor of the resident of the room. [read post]
19 Nov 2010, 10:03 am
Error not harmless where lack of knowledge of what the pipe contained was def's sole defense.M.L. 35 FLW 2456, 3rd DCA, Officer's warrant-less of a seizure of a pipe with residue. [read post]
3 Mar 2009, 3:15 am
Aime, 34 FLW 381, 4th DCA, Manslaughter with a firearm, evidence insufficient to support conviction where state failed to establish that the def was the shooter or aided and abetted in the shooting - def convicted of manslaughter with f/a as lesser included offense of first degree murder did not waive to raise sufficiency of evidence of manslaughter by failing to object to state's request for instruction of necessarily LIOReyes, 34 FLW 396, 3rd DCA, ofc had well founded… [read post]
19 Nov 2010, 10:03 am
Error not harmless where lack of knowledge of what the pipe contained was def's sole defense.M.L. 35 FLW 2456, 3rd DCA, Officer's warrant-less of a seizure of a pipe with residue. [read post]
11 Mar 2009, 5:19 am
Two Williams Rule cases for the defense:Berube, 34 FLW 436, 2nd DCA, Williams rule testimony was not similar or bear any logical relationship to any material aspect of the crime for which the defendant was being tried for. harmful error. state proof did not exclude the possibility that husband or unknown third person had actually strangled the victim, testimony had substantial effect on the jury and the prosecutor emphasized when he argued testimony of the rape victim and the def's… [read post]
30 Jul 2010, 9:08 am
Ray, 35 FLW 1552, 4th DCA, vehicle stop - No reasonable suspicion that def had committed a crime at the time of the traffic stop. [read post]
26 Nov 2008, 4:06 am
Brown, 33 FLW 2632, 4th DCA, error to grant def's motion to prohibit the state form using uncounseled prior felony for enhancement of current DUI charge to felony where the def did not actually receive a sentence of imprisonment in prior case of face sentencing exceeding 6 months in that case-died did not allege his prior DUI included an accident-received in order to show he was subject to a possibility of more than 6 months in the prior case-fact he spent 48 hours in jail… [read post]
5 Oct 2010, 12:06 pm
Wilson, 35 FLW 2116, 4th DCA, Hearsay exception: Former testimony of unavailable witness - No abuse of discretion in ruling the def failed to establish unavailability of witness under 90.804 so that witness testimony at original trial could be used at the second trial where, although witness was demonstrably unavailable as a witness, def did not subpoena the witness for the second trial and simply told him where to appear and relied on oral promise that the witness would be there,… [read post]
25 Jun 2010, 8:27 am
State's evidence showed a firearm was discharged inside def's home. [read post]
7 Jul 2009, 10:14 am
Def's instruction was not misleading. [read post]
5 Feb 2011, 2:40 pm
Hill, 36 FLW 170, 1st DCA, Vehicle Stop-Flight - Where ofc observed def standing in front of a parked car in the vacant lot of a closed gas station in a high crime area at 1:15 a.m. and def entered the car and departed upon making eye contact with the officer, the ofc did not have reasonable suspicion justifying the stop of the vehicle. [read post]
17 Jun 2015, 11:30 am
Ricardo Flores-Fillol (Universitat Rovira i Virgili) ; Alberto Iozzi (DEF and CEIS, Università di Roma "Tor Vergata"); Tommaso Valletti (Imperial College London, DEF and CEIS, Universita di Roma "Tor Vergata" & CEPR) explore Platform pricing and consumer foresight: The case... [read post]
30 Mar 2010, 1:56 pm
Farinacci, 35 FLW 608, 4th DCA, Hearsay: Where def was charged with Lewd and Lascivious fondling the clothed buttocks of a child under 12, it was harmful error to permit the detective to testify and demonstrate the victim's description of them manner in which the def touched him.M.D., 35 FLW 610, 4th DCA, Constructive possession: Evidence was insufficient to establish that juvenile had dominion and control of marijuana found near him at the time of the arrest. [read post]
21 Dec 2015, 4:19 am
Roberts (Nooksack Tribal Court): Def Answer and Countrclm to Pl Complaint [read post]
14 May 2021, 12:23 pm
LWJ would object most def to Krystal's dress. [read post]
21 Apr 2009, 5:42 am
Tip - officer did not have probable cause to search the def on the basis of a reliable c.i. tip that the informant had seen the man make a hand-to-hand transaction by a described man at a specific location where the informant did not describe the type of drugs sold or the method of delivery, and there was no evidence that the location had any prior history of drug transactions or that the officer had any prior knowledge of def's involvement in drug dealing. [read post]
