Last week, the Florida Supreme Court decided Kelsey v. State, the latest case to guarantee juvenile defendants serving long prison terms a chance at a new sentence. To understand the opinion, some background on juvenile resentencing in Florida is required. In the...
Cases of Interest
What Evidence of Prior Criminal History Can the Government Introduce Against Defendants Charged with Being a Felon in Possession of a Firearm?
Under the Federal Rules of Evidence, the Government generally cannot use evidence of a defendant's prior bad acts to prove that a defendant committed the crime charged. Under Rule 404(b) of the Federal Rules of Evidence states that evidence of crimes, wrongs or other...
Can Police Detain Innocent Passengers During a Traffic Stop?
The Fourth Amendment restricts when a police officer may stop a person. Generally, an officer must have probable cause to believe that the person has committed a crime in order to stop them. When police officers conduct a traffic stop, there is no question that they...
Applying Miranda To Child Sex Crime Investigations
Most people are familiar with the Miranda warnings. But police do not need to use these warnings every time they speak with a suspect. The Miranda decision only applies when a suspect undergoes "custodial interrogation". In other words, when a reasonable person would...
Are Red Light Camera Programs Violating Florida Law?
Red light camera systems are becoming an increasingly prevalent source of traffic tickets throughout Florida. It is well-known that red-light cameras allow cities to issue more traffic tickets than traditional methods, since police officers no longer need to pull...
Jacob Dougan, Originally Sentenced to Death for 1974 Jacksonville Murder, Gets New Trial.
The trial and conviction of Jacob Dougan is well-known to criminal defense attorneys throughout Jacksonville. A decision rendered by the Florida Supreme Court last week marked a new chapter in his long and tragic story. The Court upheld the lower court's decision...
Using Double Jeopardy to Fight Multiple Child Sex Crime Charges
Florida law contains dozens of crimes that punish defendants from pursuing or soliciting sex with minors. Many of these crimes share similar elements. This means that prosecutors can often charge defendants with multiple crimes for the same incident, dramatically...
No Qualified Immunity for Officers Who Use Taser Multiple Times on Restrained Suspect
The legal doctrine of qualified immunity protects government officials who apply force reasonably or apply force in situations where the law is unclear. The purpose of qualified immunity is to prevent government officials from being discouraged carrying out their...
Courts Can Revoke Sex Offender Probation for Refusing to Admit Guilt
When judges sentence sex offenders to probation, they often require the defendants to "actively participate" and "successfully complete" a sex offender treatment program. The law does not specify what "successful completion" requires. It is generally understood that a...
Florida Supreme Court Clarifies the Types of “Replica” Antique Firearms That Felons May Possess
Last week, the Florida Supreme Court issued an opinion clarifying the types of firearms convicted felons may possess. Section 790.23 of the Florida Statutes prohibits convicted felons from possessing firearms. However, the law also exempts any firearm manufactured...