Obtaining a new trial is often done through appeals/post-conviction motions. Pursuant to the Florida Supreme Court in Jones v. State, 27 So.3d 11 (Fla. 2010), in order to obtain a new trial based on newly discovered evidence, a defendant must meet two requirements....
Tampa Federal Criminal Defense Lawyer
Month: October 2013
Supremes to Rule on Federal Crimes Involving Gun Resales
The Supreme Court of the United States recently granted a writ of certiorari to decide the legality under federal law of the owner of a firearm selling it to someone else, if the new owner cannot have a gun legally.When a person buys a gun intending to later sell it...
Appellate Court Cautions Against Pro Se Post-Conviction Motions
In a recent post-conviction case, the Fourth District Court of Appeal prevented a pro se defendant from filing documents with the Court and considered disciplinary procedures where the Defendant had filed repetitive and untimely motions.In Holley v. State, 38 Fla. L....
Ninth Circuit Rules Drug Charges Entrapment, Relates to Alleyene
In a federal drug case, United States v. Cortes, No. 12-50137 (9th Cir. Oct. 9, 2013), the Ninth Circuit reversed a conviction for conspiring to possess with intent to distribute more than five kilograms of cocaine, finding an error with the judge's instruction to the...
Veteran Tampa police supervisor accused of public benefits fraud
It has been a rough couple of weeks for the Tampa Police Department. On. Sept. 27, the department fired a detective for allegedly stealing from the evidence room and a DUI supervisor for lying during an investigation into whether the DUI arrest of a local lawyer was a...
Federal judge calls out SEC’s disparate, murky enforcement policy
Five years have passed since 2008's devastating financial meltdown, and the anniversary has prompted many pundits to ask why so few of the main players on Wall Street and among the big banks have faced federal criminal charges. Few if any top executives have been...