DUCT TAPE AFTER DEATH? FLORIDA SUPREME COURT SAYS NOT REASONABLE
Thread: Implications of Huck Case Ruling RE: duct tape on nose and mouth
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Old 05-18-2010, 10:19 PM
Bobbisangel Bobbisangel is offline
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Implications of Huck Case Ruling RE: duct tape on nose and mouth
I found this on another site...it is great!
Fl. appeals court shoots down most of defense arguments
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We found a case that is on point in the Florida criminal cases, that involves a ME not being able to say for certain how the victim died, and also involves duct tape.
Perry v. State, 801 So. 2d 78, 84 (Fla.
2001); State v. Law, 559 So. 2d 187, 189 (Fla. 1989). "
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
JULY TERM 2004
BRENT ROBERT HUCK,
Appellant,
v.
CASE NO. 5D03-1906
STATE OF FLORIDA,
Appellee.
___________________________________/
Opinion filed July 16, 2004
Appeal from the Circuit Court
for Brevard County,
David Dugan, Judge.
Gregory W. Eisenmenger and Robert R. Berry of
Eisenmenger, Berry & Peters, Melbourne, for
Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee,
and Kellie A. Nielan, Assistant Attorney General,
Daytona Beach, for Appellee.
MONACO, J.
Brent Robert Huck appeals his convictions for the kidnapping and felony murder of his
former girlfriend, Misty Morse.
www.romingerlegal.com/floridacourts
__________________
"At trial the medical examiner testified that because of the condition of the body, he was not "one hundred percent" certain of the cause of death. In his opinion, however, the victim
died "within a reasonable degree of probability" from asphyxia either by the tape on her nose and mouth or from drowning. " Interesting that they did not need to prove exactly, or be married to one particular cause of death.
. "The State is not required to rebut conclusively every possible variation of events that could be inferred from the
evidence. Rather, it is the State's obligation to introduce competent substantial evidence that is inconsistent with the defendant's theory of events". Perry v. State, 801 So. 2d 78, 84 (Fla.
2001); State v. Law, 559 So. 2d 187, 189 (Fla. 1989). "
Someone better send this to the defense.
Also, from Huck's attempt to appeal, and say the duct tape did not prove anything - the FL Supreme Court had this to say:
"More importantly, the assertion that Mr. Huck taped the victim's eyes and mouth shut after she died is not particularly reasonable. The only logical reason to tape her eyes and mouth shut would have been to prevent her from seeing, talking, screaming for help, or breathing while she was alive. There is no logical or reasonable purpose for taping a person's eyes and mouth shut after she is dead."
__________________
"The only logical reason to tape her eyes and mouth shut would have been to prevent her from seeing, talking, screaming for help, or breathing while she was alive." FL appeals court
Last edited by BondJamesBond; 05-18-2010 at 10:46 PM. Reason: Removed poster info & clarified thread title
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