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Recently, our office had the pleasure of assisting a man who was seeking presidential clemency for a non-violent drug offense. We were shocked to find out later that this man was a war hero who had been sentenced prior to the amendments to U.S.S.G. §5H1.11 which...
Ordinarily, when a police officer seeks to enter a person's vehicle without their permission, they need to have some reasonable suspicion that its occupants have engaged in criminal activity. One exception to this rule is the "community care-taker" exception. This...
Earlier this week, the First District Court of Appeal denied a juvenile offender's request for the court to remand his 45 year term for a non-homicide crime for resentencing, which he contended violated the Eighth Amendment's ban on cruel and unusual punishment. The...
In the latest battle over gun control in Florida, the Florida First District Court of Appeal recently rejected a challenge against the University of Florida's regulations on firearms. The case, Florida Carry, Inc. v. University of Florida, held that the University of...
One of the first things we tell clients in our criminal defense practice is never give a law enforcement officer permission to search anything. The Constitution places strict limits on when law enforcement can perform a search, and oftentimes officers won't have a...
William "Bill" Sheppard has been prominently featured in a new book Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida by James M. Denham, published by the University Press of Florida. From the very first page, Mr. Sheppard...
As we predicted, the Supreme Court has ruled 5-4 that same-sex marriage is legal nationwide. The Court decision is a landmark victory for equality in this country. As anticipated, Justice Kennedy's comments at oral argument were not indicative of his ultimate decision...
On June 1, 2015, the Supreme Court decided Mellouli v. Lynch, 2015 WL 2464047 (2015). Mellouli was arrested in Kansas for DUI. During a post arrest search, the police officers found four orange Adderall tablets hidden in his sock. Mellouli ended up pleading guilty to...
Most people are familiar with the "plain view" doctrine, which permits police officers to seize items without a warrant, if those items are clearly visible while the officer is performing his or her official duties. For instance, if an officer observes contraband...
Yesterday, the Supreme Court held oral arguments on the issue of same-sex marriage. The arguments revealed a few surprises. We are pleased that Justice Roberts pointed out that the marriage ban might be sex discrimination. Chief Justice Roberts stated that, "I mean,...