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A FEW INTERESTING CASES FROM FEB. 1 AND 8 FLW ISSUES

By Donald Cannarozzi

CONTEMPORANEOUS OBJECTION ? COMMENT ON RIGHT TO REMAIN SILENT:  Ventura v. State, 33 Fla. L. Weekly D368 (Fla. 3d DCA Feb. 8, 2008).  Defendant is charged with robbery.  During an officer?s direct, he volunteered the information that the defendant wouldn?t give any statements.  Defense counsel immediately stated ?I reserve a motion on that.?  The officer again threw in a gratuitous ?the defendant declined to make statements? while he was in custody.  The court found that simply stating ?I reserve a motion? was not a proper contemporaneous objection.  The court also chastised the prosecutor for not properly preparing the witness.  The court also found the error harmless beyond a reasonable doubt. BELTON ISSUE:  A...continue to full post

Full post as published by JAABlog on March 11, 2008 (boomark / email).