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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Felony battery -- Double jeopardy -- Error to dismiss felony battery charge that was being prosecuted after defendant had been found to be in contempt for violating domestic violence injunction predicated on the same battery -- Because contempt and felony battery each require proof of element the other does not, felony battery prosecution does not violate double jeopardy protections     33 Fla. L. Weekly D1392a Criminal law -- Jurors -- Voir dire -- Absence of defendant -- Where defense counsel waived defendant's presence, stating she had stepped out to use the restroom; trial court recessed briefly following this conversation, then reconvened; and court proceeded to call individual jurors in for questioning, trial court did not reversibly err, as there was no indication that defendant had not returned to courtroom following trial court's last recess, prior to individual voir dire -- Requiring trial court to announce on record that everyone is present following each individual recess would be an undue burden -- Trafficking in oxycodone -- Evidence -- Trial court erred in allowingstate to present evidence regarding defendant's legal gambling activity for purpose of proving her motive in trafficking as state failed to draw sufficient connection made between the gambling and alleged trafficking33 Fla...continue to full post

Full post as published by JAABlog on May 29, 2008 (boomark / email).