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CASES

By Jeffrey Ivashuk

Criminal law -- Child abuse -- Defendant was erroneously convicted of child abuse where state failed to present any evidence of the mental injury element of the offense -- There was no evidence that defendant's acts could reasonably be expected to result in an injury to the intellectual or psychological capacity of the child, as evidenced by a discernable and substantial impairment in the ability to function within the normal range of performance and behaviorReported at 33 Fla. L. Weekly D1264aCriminal law -- Jurisdiction -- Statewide prosecutor -- Where information filed by statewide prosecutor contained conclusory statement that offenses occurred in two or more judicial circuits, but information did not contain factual allegations to establish that offenses occurred in two or more judicial circuits, trial court is required to make factual determination as to whether statewide prosecutor had jurisdiction -- Appeals -- Appeal following guilty plea -- Defendant who entered guilty plea could properly argue on appeal that trial court did not have subject matter jurisdiction because statewide prosecutor did not have jurisdiction -- Plea --Withdrawal -- Trial court must appoint conflict-free counsel before ruling on motion to withdraw plea   Reported at 33 Fla...continue to full post

Full post as published by JAABlog on May 07, 2008 (boomark / email).