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No Case Is More Important Than Yours

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  3. Category: "Cases of Interest" (Page 4)

Cases of Interest

The Warrantless Indefinite Monitoring of Sex Offenders by Means of an Ankle Bracelet is a Search Which Must Comply with the Fourth Amendment

Apr 2, 2015 | Cases of Interest

On March 30, 2015, the United States Supreme Court decided the case of Grady v. North Carolina, 2015 WL 1400850 (2015). In Grady, the defendant was convicted of a sex offense with a child. After serving his sentence, he was designated as a recidivist sex offender and...

Breaking News! Florida Judge Rules In Favor of Same Sex Marriage!

Aug 22, 2014 | Cases of Interest, civil rights, In the News

BREAKING NEWS! We have just learned that our clients have successfully challenged the same sex marriage ban in Florida. Judge Hinkle issued his 33 page opinion, today, declaring Florida's ban to be unconstitutional. In doing so he noted, " To paraphrase a civil-rights...

A Matter of Degree: The Michael Dunn Trial

Feb 22, 2014 | Cases of Interest

First degree murder is punishable by mandatory life or the death penalty. An individual accused of first degree murder is entitled to have their case heard by a twelve-person jury. The jury's verdict must be unanimous in Florida. An accused commits first degree murder...

Capital Sexual Battery and the Statute of Limitations

Feb 11, 2014 | Cases of Interest, In the News

If Woody Allen lived in Florida, could he be prosecuted for an alleged sexual offense which occurred over 21 years ago? If his actions constitute capital sexual battery, the answer is yes. Under the express language of §775.15(1), Fla. Stat. (2013), a prosecution for...

Services Held for Gary Alvord

Oct 2, 2013 | Cases of Interest

This weekend, members of the firm participated in a Powa service in the memory of Gary Alvord, their client who died of natural causes, after spending almost forty years on Florida's death row. The firm would like to thank members of the Meitreya Kadampa Buddhist...

Niles v. State: First District Reverses Conviction Based Upon Denial of Speedy Trial

Sep 20, 2013 | Cases of Interest

On September 12, 2013, the First District Court of Appeals reversed Mr. Niles' conviction for lewd and lascivious molestation on the grounds that he was denied his right to speedy trial. This appeal was litigated and argued by Mr. Sheppard with Ms. White as his...

When Silence is Not Golden: Failure to Invoke the Privilege Against Self-Incrimination

Sep 13, 2013 | Cases of Interest

Most people are aware they have a Fifth Amendment privilege against self-incrimination when they are being questioned by law enforcement. What many people do not know, however, is that in some circumstances, the privilege must be expressly involved and, if it is not...

Florida Supreme Court Rejects Warrantless Search of Cellphone

May 10, 2013 | Cases of Interest, civil rights, In the News

In a case of great significance, this week the Florida Supreme Court rejected the use of evidence obtained through the warrantless search of a cell phone. In Smallwood v. Florida, ___ So.3d ___, 38 Fla.L.Weekly 5271a (Fla. May 2, 2013), a case originating in Duval...

Immigration Consequences of a Guilty Plea Post-Padilla

Feb 28, 2013 | Cases of Interest

In United States v. Padilla, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires attorneys to inform their non-citizen clients of the immigration consequences of entering a guilty plea in criminal cases. In many situations,...

Consent to search a vehicle

Feb 8, 2013 | Cases of Interest

We are frequently asked how to respond when a police officer asks for consent to search your vehicle. Our emphatic response is "Just Say No!" By consenting to the search of your vehicle, you forfeit your right to challenge the search of your vehicle, and anything...

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