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Jacksonville Law Blog

Jacob Dougan, Originally Sentenced to Death for 1974 Jacksonville Murder, Gets New Trial.

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Oct 27, 2016 | Cases of Interest, Criminal Defense

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...

Florida Supreme Court Requires Unanimous Verdicts in Death Penalty Case

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Oct 26, 2016 | In the News

In March of this year Florida Legislators made a change in the death penalty laws, requiring only a 10-2 vote by jurors to impose the death penalty. In an article published by the Daily Record, Bill Sheppard is quoted as being "dumbfounded" by the change. Sheppard has...

Using Double Jeopardy to Fight Multiple Child Sex Crime Charges

On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law | Oct 25, 2016 | Cases of Interest, Criminal Defense

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

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Oct 20, 2016 | Cases of Interest, civil rights

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

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Oct 10, 2016 | Advice, Cases of Interest, Criminal Defense

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

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Sep 26, 2016 | Cases of Interest, Criminal Defense

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...

Employers Can Discriminate Against Employees for Having Dreadlocks Says the Eleventh Circuit

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Sep 20, 2016 | Cases of Interest, civil rights

Last week, in a panel decision, EEOC v. Catastrophe Management Solutions, the Eleventh Circuit held that employers can discriminate against employees for wearing their hair in dreadlocks. The lawsuit was brought by the Equal Opportunity Employment Commission on behalf...

Where Violence and Terror Reign: How Prison Guards Can Be Held Liable for Inmate-on-Inmate Violence

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Sep 16, 2016 | civil rights

Many people accept violence between prisoners as an every-day facet of life for incarcerated individuals. Some even argue that such violence should be tolerated as part of the punishment for committing a crime. While these issues often remain unaddressed by...

Florida Supreme Court Rules that Placing Files in a Shared Folder of a File-Sharing Program Constitutes “Transmission” under Florida Child Pornography Law

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Sep 12, 2016 | Cases of Interest, Criminal Defense

In an opinion written by Justice Canady rendered last week, the Florida Supreme Court held that making a file accessible to others in a file-sharing program constitutes "transmission" under Florida's child pornography laws. The crime in question is codified in Section...

Lawsuit Over Kenny Leigh’s Sham Write-in Candidacy Remains Pending in Florida Supreme Court After Melissa Nelson Defeats Angela Corey in State Attorney Primary

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Sep 9, 2016 | Cases of Interest, civil rights, In the News

We have received several inquiries about the status of the lawsuit we brought with prominent local civil rights attorney Sam Jacobson, Scott v. Hogan, over the disenfranchisement of almost 440,000 registered non-republican voters in the local state attorney race. As...

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