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...
Cases of Interest
A Matter of Degree: The Michael Dunn Trial
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
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
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
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
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
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
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
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...
A Plea for Sanity – Mental Health and Violence in Our Society
After yet another incomprehensible act of violence, people around the country are wondering what can be done to prevent the death of more innocent people. Certainly, the accessibility of guns with the capacity to inflict maximum damage to maximum numbers of people...