Westlaw Headnote of the Day – November 9, 2010

November 9, 2010

West's Key 110 Criminal Law
West's Key 110XVII Evidence
West's Key 110XVII(P) Documentary Evidence
West's Key 110k431 Private Writings and Publications
West's Key 110k438 Photographs and Other Pictures
West's Key 110k438(1) k. In General.

Photograph of sign above defendant’s bed, stating “Lord, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to hide the bodies of those people I had to kill because they pissed me off,” was an example of folk humor and was not relevant to defendant’s state of mind, in murder and armed robbery prosecution arising from an apparent attempt to sell victim fake cocaine; sign did not have a logical tendency to rebut defense that defendant was unaware that an armed robbery of victim was to take place, and nothing in record supported State’s theory that defendant, and not his accomplice, was shooter, thereby making sign relevant as indicating that victim had in some manner “pissed off” defendant.
O’Connor v. State, 835 So. 2d 1226 (Fla. Dist. Ct. App. 2003)

Suggested by Stephen Rengel, Esq.; Fifth Judicial Circuit of Florida; Ocala, FL

110 Criminal Law