The state presented a prima facie case and ms boland did not present an insanity defense to the charge see fla rcrim p 3216 yohn v state 476 so2d 123 126 fla1985 recognizing rebuttable presumption that a defendant is sane until there is evidence of insanity sufficient to present a reasonable doubt of sanity in the minds of the . The evidence produced at trial which established said negligence need not be reiterated here as it is constituted by all of the findings made both by this court and the appellate division in their respective filed opinions see boland v state of new york supra 161 misc2d 1019 615 nys2d 815 affd 218 ad2d 235 638 nys2d 500 . Brown v state district court of appeal of florida first district 02 nov 1992 . Boland supra at 664 65 alexander cj dissenting citing state v myrick supra thus the fact defendant placed his garbage at the curb rather than in his backyard has no bearing on whether an unreasonable intrusion into his private affairs occurred. Judges mercure j concurring crew iii j white j concurring in part and dissenting in part attorneys dennis c vacco attorney general albany frank k
How it works:
1. Register a Free 1 month Trial Account.
2. Download as many books as you like ( Personal use )
3. No Commitment. Cancel anytime.
4. Join Over 100.000 Happy Readers.
5. That's it. What you waiting for? Sign Up and Get Your Books.