Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Criminal
Supreme Court Rules 29 1/2 hour dentention renders confession inadmissible
April 28, 2009
The United State's Supreme Court ruled on April 6, 2009 in the case of Corley v. United States that both the oral and written confessions given by a defendant who was not brought before a magistrate for 29 ½ hours rendered the confession inadmissible because the confession violated 18 USC 3501 and the Court's previous decisions comprising the McNabb-Mallory rule.
Supreme Court to Examine School Strip Searches
April 20, 2009
The Supreme Court decided to take up the case of a 13 year old girl who was strip searched on suspicion that she had an over the counter pain medicine in violation of school policy. Remarkably, the school did not believe she had illegal narcotics, but rather pain medicine given to her by her parents.
Fish and Wildlife Officers have to Play by the Same Rules as Police Officers
April 16, 2009
Florida Fish and Wildlife officers have some expanded abilities to search boats and persons in order to conduct safety inspections of things such as boats, hunting firearms, fishing equipment, etc. However, the Second District Court of Appeal found that this expanded power cannot be used to stop persons in campgrounds, waterways, or State parks if there is no indication that persons are engaging in any of these activities. In the case of Amison v. State decided on April 1, 2009 the court held that it was illegal for a fish and wildlife officer to randomly stop a vehicle that was leaving a parking lot to conduct a safety inspection where the officer did not see the persons inside fishing, hunting, or doing any activity that would fall within the scope of the wildlife officer's expanded powers.
Robbery conviction reversed based on improper rulings of trial court
April 15, 2009
The Second District Court of Appeal reversed a conviction against a Tampa man for attempted voluntary manslaughter and attempted robbery stemming from the robbery and shooting of a cab driver. The Defendant, along with a co-defendant was arrested. The Defendant's argument in the case was that the Defendant intended to not pay for the cab ride, but did not intend nor participated in the robbery or subsequent shooting of the driver done by his co-defendant. The cab driver could not identify the Defendant as the shooter and the State did not present evidence that the defendant knew that the robbery was going to occur nor that the Defendant took part in it.
Public Defender Representation falling below Constitutional Standards
April 02, 2009
We are often asked about the why someone should hire our firm as opposed to going with the Public Defender appointed to the case. Roberta G. Mandel's article that was in this month's Florida Bar Journal discusses how the lack of funding by the Florida legislature has led to the Public Defender's Offices falling below the minimum standards afforded by the Constitution.
