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In Davis v. State, 38 Fla. L. Weekly D2247b (Fla. 1st DCA 2013) a prosecutor withheld knowledge of a sitting juror's involvement in the law enforcement investigation of the case being tried although the prosecutor was unquestionably aware of that fact.The prosecutor...
The testimony of a man accused of running an allegedly fraudulent Tampa charity called has been delayed due to the birth of his defense attorney's child . The 66-year-old defendant has been charged with theft, fraud and money laundering because, prosecutors claim,...
In Moore v. State, 38 Fla. L. Weekly D2184a (Fla. 2nd DCA 2013), a trial court order was reversed due to the fact that the trial court judge relied on outdated law.In that case, Moore filed a motion to suppress items discovered during a stop. An officer had stopped...
In Barritt v. State, 38 Fla. L. Weekly D2183a (Fla. 1st DCA 2013), Barritt appealed an order summarily denying his Rule 3.850 ineffective assistance of counsel motion and amended motion for post-conviction relief.The First District Court of Appeal found that the lower...
In Rodriguez, the Eleventh Circuit Court of Appeals vacated a four-level enhancement under federal sentencing guidelines section 2B1.1(b)(2)(B), after concluding that the Government had failed to present any "reliable and specific evidence" to support its contention...
In Berry, the Tenth Circuit issued a logic-defying federal crimes decision which held that a defendant's possession of a commercial driving license qualified as a "special skill" within the meaning of federal sentencing guidelines section 3B1.3; and it affirmed the...
The Cortes decision from the Ninth Circuit Court of Appeals is an important sentencing entrapment ruling in which the Ninth Circuit held, for the first time, that a Tampa federal crimes attorney and a federal defendant "is entitled to present his sentencing entrapment...
In Hankins v. State, 38 Fla. L. Weekly D2198a (Fla. 5th DCA 2013), Hankins sought another appeal, alleging ineffective assistance of appellate counsel for counsel's failure to argue that his convictions and sentences violated double jeopardy.The court affirmed his...
Many people don't realize that being charged with a crime can result in many or all of their assets being seized by the government. Both Florida and the federal government have granted themselves the authority to confiscate any property law enforcement believes can be...
By far, the most concrete and useful of the three pronouncements for criminal defense attorneys made last week was United States Attorney General Eric Holder's Memorandum to all Assistant United States Attorneys regarding the "Department Policy on Charging Mandatory...
