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CASES

By Jeffrey Ivashuk

Criminal law -- Aggravated fleeing or eluding an officer -- Judgment of acquittal -- There was insufficient evidence of driving at ?high speed? or with ?wanton disregard? for safety of persons or property, while fleeing or eluding an officer with lights and siren activated, to support conviction of aggravated fleeing or eluding an officer, where officer testified that he did not have lights and siren on during most of pursuit -- Error to deny motion for judgment of acquittalReported at 33 Fla. L. Weekly D549a Criminal law -- Argument -- Closing -- Error, if any, in restricting defense counsel's closing argument as to whether co-defendant could have been tried as an adult did not result in prejudice -- Defense counsel made it clear to jury that co-defendant was not prosecuted in same way as defendant -- Sentencing -- Error to sentence defendant to consecutive ten-year mandatory minimum sentences for armed kidnapping and carjacking with a firearm where the firearm was never fired and kidnapping and carjacking were not separated by any temporal or spatial breaks -- Case law interpreting section 775...continue to full post

Full post as published by JAABlog on February 21, 2008 (boomark / email).