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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Driving under influence -- Driving while license permanently revoked -- Appeals -- As applied challenges to constitutionality of DUI and DWLR statutes were not preserved for appellate review where they were not raised in trial court -- Claim that evidence was legally insufficient to sustain conviction for DWLR was not preserved for appellate review where defense made no motion for judgment of acquittal challenging sufficiency of evidence -- Claim that state presented speculative and unfairly prejudicial testimony through its cross-examination of defense witness was not preserved for appeal where defense counsel made only one objection to a single question, and defense counsel did not pursue original objection after prosecutor clarified question -- Claim that state made unfairly prejudicial and legally erroneous argument to jury in closing was not preserved where defendant made no objection to argument, and prosecutor's argument did not constitute fundamental error     33 Fla...continue to full post

Full post as published by JAABlog on May 30, 2008 (boomark / email).