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Jacksonville Law Blog

Florida Supreme Court Clarifies Definition of “Sexual Intercourse” In Criminal HIV Case

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Mar 17, 2017 | Firm News

In Florida, it is a crime for anyone infected with the human immunodeficiency virus to have sexual intercourse with another person unless they first disclose the infection and obtain that person's consent. HIV can spread through a range of sexual activities. Until...

Firm Again Receives Tier 1 Ranking by U.S. News – “Best Law Firms for 2017”

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Mar 14, 2017 | In the News

The firm has once again been ranked a Tier 1 law firm by U.S. News - Best Lawyers in America for 2017. This ranking is based "on vigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their...

Supreme Court Allows Inquiry into Juror’s Racial Bias to Challenge Criminal Conviction

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Mar 10, 2017 | Firm News

In an opinion rendered this week-Pena-Rodriguez v. Colorado-the Supreme Court carved out an important exception to a longstanding rule prohibiting jurors from being questioned about conduct during deliberations after a verdict has been rendered. The case involved a...

Supreme Court Could Strike Major Blow to Internet Restrictions for Sex-Offenders

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Mar 3, 2017 | Firm News

A recent case argued before the United States Supreme Court, Packingham v. North Carolina, may shake up how the government can regulate the internet activity. The petition involves a First Amendment challenge to a North Carolina law that imposes criminal penalties to...

Florida Supreme Court Upholds Open Carry Law

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Mar 3, 2017 | Firm News

In a decision rendered last week, Norman v. State, the Florida Supreme Court rejected a Second Amendment challenge to Florida's "Open-Carry" law. The statute in question, section 790.053, prohibits individuals from visibly carrying firearms in public. Under the...

Markus v. State

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Feb 14, 2017 | Firm News

"HOT PURSUIT" DOES NOT PERMIT THE WARRANTLESS ENTRY INTO A HOME TO ARREST FOR NON-VIOLENT MISDEMEANOR One of the bedrocks of our democracy is the right to be free from unlawful searches and seizures by the State. Without the protections of the Fourth Amendment, police...

Eleventh Circuit Shortens Timeframe to File Driver’s Privacy Protection Act Suit

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jan 12, 2017 | Firm News

The Florida Department of Highway Safety and Motor Vehicles maintains a database containing personal information and photographs of all Florida driver's license-holders, called D.A.V.I.D. Police officers throughout the state have access to this database to assist them...

United States Supreme Court Issues New Qualified Immunity Decision in Police Shooting Case

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jan 10, 2017 | Cases of Interest

Qualified immunity is one of the largest obstacles facing civil rights attorneys. The doctrine of qualified immunity gives police officers or other state actors immunity from suit in certain situations. To overcome the defense the plaintiff first needs to prove that...

The Limits of “Knock-and-Talk” Police Encounters

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Dec 21, 2016 | Cases of Interest

The Fourth Amendment only applies residences when a police officer conducts a "search" of that residence. A common tactic that police officers use to get around the Amendment's protections is to use a technique called a "knock-and-talk." During these encounters,...

Pennsylvania Court Recognizes Sexual-Orientation Harassment Claim Under Title VII

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Dec 16, 2016 | Cases of Interest

In August of this year, the Equal Opportunity Employment Commission succeeded on a Title VII claim on behalf of an employee who was discriminated against due to sexual orientation. We wrote about that opinion in a previous blog post. Last month, they achieved a...

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