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Tampa Federal Criminal Defense Lawyer
The Sixth Circuit issued a bizarre decision in a child pornography case last week (USA v. Bistline). A rehearing en banc is being sought and the Sixth Circuit Defenders filed an amicus brief. A summary of the case is as follows: The district court judge varied (to one...
The test provided by the plurality decision is that "there must be a direct causal link between the restriction imposed and the injury to be prevented."Justice Kennedy (joined by Roberts, Ginsburg, and Sotomayor) found that the respondent who lied about receiving a...
This list was created to assist attorneys in determining whether or not a prior conviction is a crime of violence warranting a 16 level enhancement under U.S.S.G. §2L1.2(b)(1)(A)(ii). This list will be updated on a monthly basis. It will attempt to include the...
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...
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...
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...
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...
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...
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...
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...
