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Family, Collaborative & Criminal Law

Foley Panszi Law Blog

IEP is not a defense to criminal acts

J.C. v. State, 6/27/19, COA (Crone) (published 7/26/19) – An IEP protocol is not a legal defense to criminal activity. D was at school when his girlfriend apparently broke up with him.  He became very aggressive, yelling obscenities in the hall during class.  When school security officers accosted him, D pulled away, screaming and fighting, […]

Sex abuser’s name in medical report is not inadmissible hearsay

Baxter v. State, 7/19/19, COA (May) – In a sex abuse case, a perpetrator’s name included in a medical report is pertinent to the victim’s treatment and is not inadmissible hearsay. When V was 4, she disclosed that D, her stepfather, had been molesting her.  She was taken to the hospital and found to have […]

Police searching probationer’s home

Jarman v. State, 11/30/18, COA (Vaidik) – Agreeing to a search without probable cause does not justify a search without suspicion. D was on community corrections for a domestic battery conviction and had signed a waiver consenting to searches “without a warrant and without probable cause.”  Officers received anonymous reports that V was possibly living […]

Officer inquiry about needles

Glasgow v. State, 3/29/18, COA (Sharpnack) – An officer is permitted to ask a detainee if he is armed or has any sharp objects on him. An officer came across D stopped on the shoulder of the road with a flat tire, with another driver stopped to help. A second officer came to assist and […]

Illegal to search citizen held at gunpoint and handcuffed

Wilson v. State, 3/22/18, COA (May) – While investigating a suspicious parked car, removing the driver at gunpoint and handcuffing him constituted an illegal arrest. Interlocutory appeal of suppression ruling.  Police responded to a report of a suspicious parked vehicle in a high crime are.  The responding officers recognized one occupant as having a history […]

Legal duty to advise partners of AIDS status

Williams v. State, 10/30/17, COA (Robb) – Failure to warn sexual partners of his AIDS diagnosis was a felony. D was diagnosed with AIDS, but didn’t reveal this to sexual partners, in spite of being advised of his duty to warn.  D objected that he was not identified properly in court, but the COA disagreed […]

Fraudulent invoice not sufficient for award of restitution

T.H. v. State, 10/17/17, COA (May) – Apparently fraudulent invoice for repairs not sufficient for finding as to damages to car. D’s mother called police and turned him in for throwing a brick through a car window.  In a restitution hearing, the victim presented an invoice for repairs that was rife with discrepancies and indicia […]

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 […]