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CASES

By Jeffrey Ivashuk

Criminal law -- Post conviction relief -- Timeliness of motion -- The filing of a petition for discretionary review in Florida Supreme Court based on an appellate per curiam decision with citations, one or more of which are pending review in Florida Supreme Court, tolls the time for filing motion under rule 3.850 until date Florida Supreme Court either accepts or denies review -- Two-year period for filing motion began to run from date Florida Supreme Court dismissed defendant's petition for discretionary reviewReported at 33 Fla. L. Weekly D497a Criminal law -- Search and seizure -- Pat-down -- Although pat-down of defendant was not justified by fact that he made movements toward his pockets after officer stopped him for riding bicycle at night without a light, trial court erred in granting motion to suppress all evidence obtained by officer -- Although defendant's statement that he had ?weed? in his pocket and officer's discovery of marijuana in pocket occurred during unauthorized weapons pat-down, subsequent discovery of outstanding arrest warrant and formal arrest of defendant dissipated taint of illegal frisk -- Error to grant motion to suppress crack cocaine discovered in defendant's pocket after discovery of outstanding warrant and arrest of defendant -- Suppression of other evidence affirmedReported at 33 Fla...continue to full post

Full post as published by JAABlog on February 14, 2008 (boomark / email).