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Cases

By Jeffrey Ivashuk

Criminal law -- Possession of heroin with intent to sell within 1000 feet of place of worship -- Prosecution based on observation by officer involved in surveillance operation of what he believed was a sale of drugs by defendant in a thumbnail size plastic bag --Evidence -- Where court had granted motion in limine prohibiting state from introducing evidence that the alleged sale took place in a high crime area, it was error to permit state to introduce evidencethat police knew that drug sales were taking place in the neighborhood -- Argument -- Silence of defendant -- Where defendant did not testify, and officer was only eyewitness to transaction to testify at trial, state's statement in closing argument that evidence presented at trial was uncontroverted and uncontradicted constituted improper burden shifting and was comment on defendant's right to remain silent Reported at 33 Fla...continue to full post

Full post as published by JAABlog on April 30, 2008 (boomark / email).