PROFESSIONAL ETHICS OF THE FLORIDA BARProposed Advisory Opinion 12-1(June 22, 2012)A member of The Florida Bar has requested an opinion regarding the ethical propriety of offering or advising a criminal defendant to accept a plea offer in which the criminal defendant...
Tampa Federal Criminal Defense Lawyer
Year: 2012
The Supreme Court of the United States rules that The Fair Sentencing Act’s new, lower mandatory minimums apply to the post-Act sentencing of pre-Act offenders.
BREYER, J., delivered the opinion of the Court, in which KENNEDY, GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. SCALIA, J., filed a dissenting opinion, in which ROBERTS, C. J., and THOMAS and ALITO, JJ., joined.This opinion was taken from the syllabus prepared by the...
United States v. Morgan Chase Woods, No. 11-11665 (June 18, 2012)
In United States v. Morgan Chase Woods, No. 11-11665 (June 18, 2012), an appeal from the United States District Court for the Southern District of Georgia that was heard before Circuit Judges Tjoflat, Hull and Kravitch, the Eleventh Circuit Court of Appeals affirmed a...
Calvin Smith, et al . v. United States, No. 11-8976
In Calvin Smith, et al . v. United States, No. 11-8976, the Supreme Court of the United States will hear the following issue:Whether withdrawing from a conspiracy prior to the statute of limitations period negates an element of a conspiracy charge such that, once a...
United States v. Gregory Welch, No. 10-14649
Kleinfeld, Senior Circuit Judge: AffirmedIn this appeal the Eleventh Circuit finds that the defendant's consent to the search of his apartment was not tainted by the initial unlawful entry into his apartment by the police. The Court also holds that the Florida crime...
US Supreme Court releases decision
A new development from the Supreme Court of the United States was released to the public earlier this week. In Evans v. Michigan, No. 11-1327, the Supreme Court granted cert this morning to decide whether a court's directed verdict or judgment of acquittal issued at...
What is the Difference Between a Juvenile Defendant and a Youthful Offender?
A juvenile defendant is an individual, under the age of 18, who is facing charges within the juvenile justice system. Unlike the criminal justice system (i.e. adult court), the juvenile justice system is geared towards rehabilitation rather than punishment. Thus, the...
Two Important US Supreme Court Cases: Analysis
Missouri v. Frye, No. 10-444 (U.S. Sup. Ct. March 21, 2012) (Justice Kennedy) Lafler v. Cooper, No. 10-209 (U.S. Sup. Ct. March 21, 2012) (Justice Kennedy)In these two companion decisions, a sharply divided Supreme Court held for the first time that criminal...
A Discussion of U.S. v. Jones: A New Supreme Court Search Opinion
In U.S. v. Maynard, 615 F.32d 544 (D.C.Cir. Aug. 6, 2010) (P&J, 08/09/10), the D.C. Circuit considered the joint appeals of Lawrence Maynard and Antoine Jones who were convicted of a conspiracy to possess and distribute substantial amounts of cocaine and cocaine...
What Are Post-Convictions Motions?
Post-convictions motions are not appeals but they are very similar. Post-convictions motions generally fall into two categories: 1) a motion to correct an illegal sentence or 2) a motion for ineffective assistance of counsel. This article will discuss ineffective...