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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....
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...
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...
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...
Two bills currently before the Senate Judiciary Committee and at least one in the House of Representatives -- all bipartisan -- are taking aim at our nation's current sentencing policy. In particular, the three proposals seek to curtail the cost and injustice of...
