Dec. 21 FLW Highlights
CONSTRUCTIVE POSSESSION: Foster v. State, 32 Fla. L. Weekly D2916 (Fla. 1st DCA Dec. 21, 2007). When officers go to arrest Foster for selling drugs, they find a baggie of cocaine near his feet. (The opinion does not state when the sale occurred.) After police arrest Foster, they find a crack pipe on him. He is charged with possession of cocaine and sale of cocaine. Because he made no statements, the court found that mere proximity to the baggie was insufficient to prove constructive possession. The interesting part of this case is that the court held that the crack pipe in his pants was insufficient circumstantial evidence to send the case to a jury. Conviction vacated.
SPEEDY TRIAL: Puzio v. State, 32 Fla. L. Weekly D2916 (Fla. 1st DCA Dec. 21, 2007). A summary of the facts show that the state, though mistakes, misled the defendant into believing that no charges had been filed against him until after speedy trial had expired. The court held that when charges are filed before expiration of the speedy trial period but the state fails to notify the defendant of the charges before speedy runs, the state is not entitled to the window of recapture.
DUI: State v. Buttolph, 32 Fla. L. Weekly D2919 (Fla. 4th DCA Dec. 21, 2007). Feiner case. The annual inspection reports of breath machines are not “testimonial” under Crawford v. Washington. Also, to fulfill the section 316.1934(5) requirement that the “most recent required maintenance” be admitted as a predicate to admitting breath results, the state may introduce the monthly or, the annual inspection, if the annual was the most recent. Both, however, need not be introduced.
SEARCH AND SEIZURE – VEHICLE – SUSPENDED LICENSE: Simpson v. State, 32 Fla. L. Weekly D2927 (Fla. 2d DCA Dec. 21, 2007). Police officer runs a license plate and sees that the car is registered to a Ms. Sherrie Lynn Simpson. The officer can see that a white male is driving the car and the passenger is a female. The officer does a traffic stop and Simpson is arrested for DWLS. Because the police officer can see that a female is not driving the car, there is no reasonable suspicion to conduct a stop. Motion to suppress should have been granted.
PROBATION VIOLATION – DIRTY URINE: Isaac v. State, 32 Fla. L. Weekly D2934 (Fla. 3d DCA Dec. 21, 2007). At Isaac’s VOP hearing, the state introduces a lab report showing the presence of cocaine in his urine. The state did not introduce the record through the business record exception so it was hearsay. Although hearsay is admissible, hearsay alone cannot support a violation. Because there was testimony from the probation office that her field-test showed positive for cocaine and marijuana, there was non-hearsay to support the revocation.
AGGRAVATED BATTERY WITH A DEADLY WEAPON: Severance v. State, 32 Fla. L. Weekly D2938 (Fla. 4th DCA Dec. 21, 2007): Severance goes to his girlfriend’s house and starts hitting her. He then gets a knife, holds it against her throat and then punches her some more. He never touches her with the knife. Because the aggravated battery statute uses the word “uses” instead of “touches,” the plain meaning of the statute allows for a conviction as long as a deadly weapon is used in any way during a battery.
FAILURE TO APPOINT OTHER COUNSEL – ABUSE OF DISCRETION: Orta v. State, 32 Fla. L. Weekly (Fla. 5th DCA Dec. 21, 2007). After three continuances, Orta’s court-appointed counsel requests a fourth continuance at a VOP hearing because she had done nothing on the case. Orta then asks the court to appoint him new counsel, but the court refuses. Generally, a lawyer’s own admission of incompetence does not automatically entitle the defendant to new counsel; however, in this case because Orta’s attorney did nothing on the case, it was an abuse of discretion to deny Orta’s request for new counsel.
So in all the hullabalooh over the allegations of corruption in the PDO's ERU and the office's representation of millionaires from Weston, let's not forget the ADJ was handling magistrates for a few days this week.
And, lo and behold, he managed to do his "Speedy Gonzalez routine" and get through magistrates in less than 30 minutes a pop.
Even the jail can't keep up with the speedy justice being doled out by the ADJ. They can't throw the inmates up to the podium quick enough before the judge has found PC, issued an unreasonable bond, and moved on to the next guy.
I can understand how he needs to rush through these hearings since he doesn't want them to interfere with his long coffee break before heading out for a leisurely 2 hour lunch at Il Mulino on someone else's dime.
At least he got to be miserable this weekend in NC with the cold weather they are getting. The ice cream social was canceled this weekend.
But don't cry ADJ, I'm sure that just means double-scoops for you next week.
ADJ doing a "Speedy GONZALEZ routine"!!!
Ha Ha.
Nah, he probably is skiing and having a good time.
Don't dis the king. Larry at mags. "Everybody raise your hand. OK. I find probable cause. Time served."
DELETED POST: INAPPROPRIATE SUBJECT MATTER
Please do not misquote. The metaphor used in open court was "Speedy Frank." After spending some time in Broward, Speedy Gonzalez was deported to his country of origin (Germany) and was sold out by Conseco in the Mitchell Report. Everyone knows Speedy Frank is faster anyhow.
Speedy Frank 08
1232
Going after DELETED (REFERENCE 12:32), ADJ if that is you you have reached a new low.
Going after DELETED (REFERENCE 12:32) at at time like this. Words cant even describe how low that is.
not the adj who posted that sicko low blurb. everyone pretty much knows who would fit the descrption of that slime poster. dont worry, the rooster will be coming home soon enough to roost
thanks adj, nice try at a denial, sadly you added you usual mantra giving you away, tomorrow tomorrow tomorrow, rooster coming home too roost soon enough, with the dea fbi, dept of justice to follow
You are like a little child lashing out in the darkness after the boogeyman who you think is following you.
It's actually sad in a pathetic way.
Will you lie to the JNC again when you make another feeble attempt to move up to circuit if you are asked whether you have posted about your colleagues on this blog?
You sad little man. If you had children, they'd be ashamed to call you father.
60 is the new 50. Hatred is the new love.
Let's cut to the chase. Is Canorozzi running against O'Connor, or not?
I always thought Don was too knowledgeable about the law to be a judge in Broward.
I also wish to be the first to pledge my anonymous $500 to his campaign.
he has my vote
what did adj do this time?
In wartime, truth is so precious that she should be attended by a bodyguard of lies.
As the ADJ says, just wait until tomorrow. If you thought his post from last night was as low as he can go, I'm sure he'll be posting something criticizing MLK Jr. sometime Monday.
Cyberblob can't stand anyone who questions the motives of any of his heroes. That's anyone who is a politician and/or judge, for they're one in the same, whom he reveres with blind adoration as something he's always aspired to. If you can't practice law, do like most of your political friends; Run for office yourself or serve on your buddy's staff while his position lasts. Thank goodness for term limits. Rumor hath it he want's to be Mayor of Fort Lauderdale as if that's any position to covet. I guess it'll serve his aim of trying to attain another job paid for by the public. Otherwise contact your good friend Skip who serves with you on the defunked Judicial Uplift Committee. You know the guy. With your connections, you shouldn't have any problem getting the position of aid to some prankster or another. Shoot for it. One thing is for sure, you won't make it following after a career requiring any writing skills. I'll look for your real name on the next ballot. P.S. You're not doing very well with your addiction problem, are you?
Why can't you just stick to abusing minorities and taking too long to move through your case load?
Oh, that's right, you spend your time on the public dole blogging.......and mocking your colleagues who are experiencing real difficulties and tragedies in their lives.
847
If true he is certainly not the first to make a living that way. Didnt Howie do the same thing with Al and look where it got him.
God's Law and the uncertain course of the world usually ensure righteous vengeance of equivalent retribution.
GREAT VIDEO!
WARNING: Blog Addiction can lead to hyperventilation and hospitalization. With your admitted problem in this area, this warning should be of particular importance to you.
How sad that you think you know who you are posting to, but actually have no clue 10:03.
?