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Family, Collaborative & Criminal Law

Foley Panszi Law Blog

Jean-Baptiste v. State

2/24/17, COA (Najam) – Officer cannot cross threshold to execute civil warrant.  Also, a D charged with an A misdemeanor is presumed to be tried by a jury. An officer knocked on D’s front door to serve a civil warrant.  D opened door but remained in the threshold.  The officer reached in and grabbed D’s […]

Wallace v. State

COA (Riley) – 911 call was properly admitted as excited utterance.  Also, comments made were not in response to questioning, so no confrontation issue. Two of V’s ex-girlfriends got in a fight, so he called 911.  Apparently, he thought he had hung up, but the line remained open and recorded V’s comments such as “Shoot […]

Roy v. State

7/21/17, Court of Appeals (Darden) – To gain return of property seized during an investigation, a person must prove by a preponderance that he is the rightful owner. D was convicted of trespass and possession of a firearm, both misdemeanors.  After trial, he filed for return of the gun and presented several witnesses that the […]

Evans v. State

7/20/17, COA (Riley) – No fundamental error where jury instructions misstated mens rea. Also, possession of syringe and escape charges were not one episode of conduct. D was arrested and found in possession of a syringe. He became very sick and was taken to the hospital. On the way back, he escaped from the officer’s […]