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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Vehicular homicide -- Defendant was erroneously convicted of vehicular homicide where evidence did not prove that defendant was driving in a reckless manner likely to cause death or great bodily harm to another -- Defendant's act of briefly stopping and then making a left turn across opposing lanes of traffic and hitting an oncoming vehicle after a following truck had almost hit defendant's vehicle from the rear did not rise to level of recklessness necessary to support convictionReported at 33 Fla. L. Weekly D451a Criminal law -- Violation of conditions of pretrial release -- Defendant could not properly be charged with violating a condition of pretrial release under section 741.29(6), Florida Statutes, where he was never arrested on underlying battery charge, but received only a summons to appear with no conditions attached to his continued freedom pending the outcome of the battery charge -- Error to deny motion for judgment of acquittalReported at 33 Fla...continue to full post

Full post as published by JAABlog on February 08, 2008 (boomark / email).