Criminal law -- Battery -- Jury instructions -- Self-defense -- Error to convict defendant of battery, a lesser included offense aggravated battery, where jury instructions misstated law governing defendant's sole affirmative defense of self-defense -- Trial court's instructions to jury on self-defense were inconsistent with new statute, Section 776.013, Florida Statutes (2005), which expanded right of self-defense and eliminated the “duty to retreat” before using deadly force in certain circumstances -- Trial court properly eliminated all express references to “duty to retreat,” but left in language explaining that defendant should try to “avoid the danger” before using force -- Under new law, a person who is attacked is allowed to stand his or her ground and “meet force with force” -- Trial court properly granted defendant's request for self-defense instruction based on defendant's testimony that he was first attacked by victim and that he struck victim to retaliate and prevent further harm to himself   Reported at 32 Fla. L. Weekly D2921a

Criminal law -- Confidential informant -- Trial court departed from essential requirements of law in ordering state to disclose identity of confidential informant who set up drug deal between defendant and detective where defendant failed to show that disclosure of confidential informant's identity was necessary to help him prepare a specific defense or to protect his constitutional rights   Reported at 32 Fla. L. Weekly D2926a

Criminal law -- Driving under influence -- Evidence -- Breath test -- Annual inspection reports of breath testing instruments are nontestimonial under U.S. Supreme Court's decision in Crawford v. Washington -- Production of annual inspection is not always required, but is necessary only where the annual inspection was the most recent inspection -- Reference in section 316.1934(5) to “most recent required maintenance” can mean either monthly or annual inspection, whichever is most recent, and state is not required, as defendant argued, to show both
Reported at 32 Fla. L. Weekly D2919a

Criminal law -- Search and seizure -- Vehicle stop -- Stop of vehicle registered to a woman after officer ran tag and discovered FCIC warning indicating that registered owner had a suspended license for failure to maintain insurance on the vehicle -- Although officer had reason to suspect that female owner of vehicle did not have insurance coverage for the vehicle, officer had no reasonable suspicion that a crime was being committed where officer could tell that the driver of the vehicle was a male before he approached the vehicle
Reported at 32 Fla. L. Weekly D2927a