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3rd DCA ROUNDUP -The Cop-out edition.

By "Captain Liberty" and "Rumpole"

Our beloved 3rd DCA has long had the reputation of issuing PCA's in cases where they don't like the facts, but the conviction is weak. And that brings us to one of the bigger PCA cop-outs we've seen in a while:Locascio v. State: Here are the facts from the opinion:Edward Locascio was charged as a principal and co-conspirator to his brother Michael?s killing of Defendant?s soon-to-be ex-wife, Silvia. The State?s theory of this wholly circumstantial case was, because the divorce proceedings between Edward and Silvia were so hotly contested, Edward was motivated to have his wife killed in order to avoid parting with his assets. In support of its theory, the State introduced voluminous testimony evidencing Defendant?s failures as a father, his unlawful tactics as a certified public accountant and investor, and his contemptuous behavior during the family law case...continue to full post

Full post as published by Justice Building Blog on March 26, 2010 (boomark / email).