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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Aggravated assault with firearm -- Evidence -- Hearsay -- Former testimony -- No abuse of discretion in allowing into evidence the deceased victim's testimony from defendant's adversarial preliminary hearing -- Testimony met all requirements for admission as ?former testimony? -- Victim was no longer available, testimony was taken at preliminary hearing involving charges against defendant, and identification of perpetrator was at issue at trial and at preliminary hearing -- Confrontation of witnesses -- Victim's preliminary hearing testimony satisfied strictures of Crawford v. Washington     Reported at 33 Fla. L. Weekly D1905b Criminal law -- Possession of cocaine and MDMA -- No error in denying motion for judgment of acquittal based on assertion that evidence at trial was insufficient to overcome defendant's reasonable hypothesis of innocence that cocaine and MDMA were placed where police found them by an occupant of dwelling other than defendant -- Rationaljury could reject defendant's hypothesis of innocence -- Jury's conclusion that defendant was in constructive possession of drugs was supported by fact that drugs were found approximately five feet from defendant in change purse that appeared to have spilled from Burberry-type purse, along with cigarette case containing a credit card bearing defendant's name -- Surrounding circumstances provided justification for a reasonable jury to conclude beyond reasonable doubt that drugs contained in change purse were known to defendant and were under his dominion and control     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on August 02, 2008 (boomark / email).