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Fifth District Court Reverses Circuit Court Court Should Have Excluded Testimony of Juror from Defe by Eulah Meester
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Fifth District Court Reverses Circuit Court Court Should Have Excluded Testimony of Juror from Defe by EULAH MEESTER
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| Article Posted: 02/07/2013 |
| Article Views: 127 |
| Articles Written: 7 - MORE ARTICLES FROM THIS AUTHOR |
| Word Count: 357 |
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Fifth District Court Reverses Circuit Court Court Should Have Excluded Testimony of Juror from Defe |
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Law
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In the matter of Reed v. Florida, the district court overturned the defendant's convictions for the crimes of possession of a firearm by a convicted felon as well as possession of a concealed weapon. A law enforcement officer saw an alleged drug deal & called another police officer to make the stop of the defendant, the defendant was identified as riding a pink bicycle. Defendant was stopped on the bicycle by the second police officer based on the fellow officer rule. After the stop, the defendant, who had a prior felony conviction, volunteered that he had a handgun and that the firearm was in his pocket. The police officer took the gun. Even thought it was ultimately established that defendant wasn't the suspect involved in the alleged drug transaction, the defendant was arrested for the above criminal offenses for which the defendant was convicted.  During jury selection of first trial, during a break, one juror overheard defendant make a statement which the juror construed to mean that defendant was going to lie on the stand. The trial judge struck the entire venire and rescheduled the trial. Over defense objections, the juror was permitted to testify in the 2nd trial as to what he heard the defendant say after jury selection for the first trial. On appeal, the district court of appeal reversed and remanded the matter finding that the trial court's admission of the testimony of the juror at the 2nd trial was not harmless error. In addition, the The Fifth District Court noted that the Florida Supreme Court's ruling in the case of State vs. Bowers, which was entered during the pendency of the defendant's appeal in this matter, was applicable to the facts and circumstances of this matter and the defendant should be allowed to seek a second evidentiary hearing on his motion to suppress. For additional information concerning Criminal Lawyer Miami FL , DUI Website and Dui Attorney you can contact us at: The Law Offices of Rosenberg and Dye 201 S Biscayne Blvd Miami, FL 33131 (305)459-3286
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