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In Bell v. State, 38 Fla. L. Weekly D2105b (Fla. 2nd DCA 2013), Bell sought review of his convictions and sentences for felon in possession of a firearm and felon in possession of ammunition. Bell contended that the dual convictions violated double jeopardy.The Second...
In a white collar mortgage fraud case, how does a district court calculate the "offset value" under the Mandatory Victims Restitution Act when some of the money obtained through a fraudulent loan is returned by giving the lenders the collateral that secures the money....
The Sixth Amendment right to counsel requires not only that a person accused of a crime have the assistance of counsel for his or her defense, but also that such assistance be "effective." Ineffective assistance of counsel is established when a defendant shows two...
When an eye-witness identifies a suspect to law enforcement, it rarely occurs from a line up of people through a large glass window, as commonly seen on television shows like "Law and Order." Witnesses will often identify a person from an assortment of six...
In Missouri v. McNeely, 133 S. Ct. 1552 (2013), the United States Supreme Court held that in DUI investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a...
In 2007, a grand jury indicted a husband-and-wife pair of medical equipment sales representatives for federal offenses including conspiracy, fraud and money laundering. Apparently, when hospitals bought new medical equipment, many were only too happy to let the sales...
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...
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...
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....
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....
