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CASES

By Jeffrey Ivashuk

Criminal law -- Carjacking can occur even though defendant is not driving car -- Evidence that defendant jumped into victims' cars andn ordered them to drive and testimony by both victims that they followed defendant's instructions because they were afraid of what he might do if they did not comply was sufficient to support carjacking conviction  Reported at 33 Fla. L. Weekly D1944b Criminal law -- Felony battery -- Prior convictions -- Jury's verdict of guilty of misdemeanor battery without reaching a verdict on issue of defendant's prior battery convictions and trial court's adjudication on misdemeanor battery charges constituted an acquittal of felony battery charge because the ruling represented a resolution of present incidents of battery -- To adopt state's position that a new jury should decide whether defendant had any prior battery convictions would result in different juries deciding separate elements of felony battery, which result is contrary to well established principle that a criminal defendant is entitled to have same jury decide whether state has proven beyond reasonable doubt all elements of crime charged -- Subjecting defendant to retrial would subject him to double jeopardy for those crimes which jury resolved     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on August 10, 2008 (boomark / email).