Thursday Opinions from the 4th
Categories: MurphyJohn, Aleman, CohenGeoffrey, Greene, Levenson
NOVEMBER 16 OPINIONS FROM THE 4th
(These blurbs do not cover PCAs, or cases summarily affirming or reversing post-conviction issues.)
Calixte v. State: Green case. Defendant is charged with robbery and kidnapping, ID is the defense. What happens when a victim gives an initial description that does not match the defendant on trial? Easy: have the detective testify that this is normal, occurs often and has occurred in many of his cases. Also, have the detective testify that a victim’s property is rarely found unless the perpetrator is caught immediately after the robbery. Yeah, right: reversed and remanded.
Clarke v. State: Levenson case. On motion for rehearing, the court had to decide whether a deficiency in establishing the predicate for an habitual sentence can be corrected on remand. One case, Collins v. State, 893 So. 2d 592 (Fla. 2d DCA 2005), holds that if an objection to the sufficiency of proof is raised at the time of sentencing, the state does not get a second chance. In this case there was no objection; however, the issue was raised in a 3.800(b)(2) motion. Case is certified to the supreme court as a question of great importance.
Dorsett v. State: Cohen case. During voir dire, a juror stated that she believed the Defendant had to prove his innocence. When defense counsel asked how he could prove that something did not happen, the juror stated: "they hire you." The juror never receded from her position. Cohen erred by not removing the juror for cause. (Although I rarely comment on cases, I will on this one. In order to preserve this issue, the Defendant must have exhausted all his peremptories and requested more. Why are cases like this reversed? Why don’t judges freely grant one extra peremptory if there is any question as to a juror’s ability to serve?)
Epps v. State: Aleman is reversed for prohibiting the pro se defendant from filing any further motions.
Lalonde v. State: John Murphy case. Case reversed because Murphy would not grant Lalonde credit for time served for time spent in the county jail waiting for placement in a drug treatment program.
Don, these are very helpful capsules.
Dear Don,
Omerta. Your are not Don. Maroni is Don. You only Capo blessed with the first name Donald. In previous posts you stopped reading my "dribble." In another, you quoted Bill (not Gelin) and stated "Brevity is the should of wit." Under your definition, thank you for the compliment. The following are the definitions from Meriam Webster's and a good link to the definition of Dribble.
As always, thank you very much for the Cliffs' Notes of law. Maroni always studies them. I wish the links were not dead. Beware, an unethical heavy set attorney is out for revenge on you and a co-worker. Roman offers you his protection.
Thank you very much.
See also, http://en.wikipedia.org/wiki/Dribble
Main Entry: 1drib·ble
Pronunciation: 'dri-b&l
Function: verb
Inflected Form(s): drib·bled; drib·bling /-(&-)li[ng]/
Etymology: frequentative of drib to dribble
transitive verb
1 : to issue sporadically and in small bits
2 : to let or cause to fall in drops little by little
3 a : to propel by successive slight taps or bounces with hand, foot, or stick
intransitive verb
Main Entry: 1driv·el
Pronunciation: 'dri-v&l
Function: intransitive verb
Inflected Form(s): -eled or -elled; -el·ing or driv·el·ling /-v(&-)li[ng]/
Etymology: Middle English, from Old English dreflian; perhaps akin to Old Norse draf malt dregs
1 : to let saliva dribble from the mouth : SLAVER
2 : to talk stupidly and carelessly
"Soul of Wit." Fargon spellchecker.
Brian,
Come up with a new name or something. Your Maroni act is as sad as all the playwood over the windows in the courthouse I have to look at every day.
Napoleon,
Maroni does not know Brian. Maroni is sad that your view of the lovely county we live in is tainted by plywood. I hear they are upgrading to mahogony. For the record, I voted to improve your view.
OK I said dribble instead of drivel. Set up the cross and crucify me. The meaning is still the same: you talk (write) too much.