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CASES

By Jeffrey Ivashuk

Criminal law -- Double jeopardy -- Separate convictions for conspiracy to commit racketeering and conspiracy to commit drug trafficking violated double jeopardy where state proved that defendant took part in single conspiracy with multiple objectives, including racketeering and drug trafficking, and there was no evidence to suggest that a first conspiracy was consummated, abandoned, or otherwise terminated prior to the formation of a second conspiracy -- Conviction and sentence for racketeering conspiracy reversed     Reported at 33 Fla. L. Weekly D1859aCriminal law -- Driving under influence within ten years of prior DUI conviction -- Driving while license suspended or revoked -- Argument -- Prosecutor violated defendant's Fifth Amendment rights when he argued that an innocent person would speak up and protest his innocence and improperly shifted burden of proof by arguing that an innocent person would volunteer to take breath test to prove his or her innocence -- New trial required     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on July 25, 2008 (boomark / email).