Recent Blog Posts
Ford Once Again Recalling Millions of Vehicles Due to Dangerous Defects
In June, Ford recalled more than two million vehicles due to the vehicles’ doors coming open while the cars are on the road—a serious defect that could cause death or serious bodily injury. The problem is reportedly due to faulty door latches, which contain a part that can crack, especially as it is subject… Read More »
Florida Woman Wins Freedom After Her Conviction for First-Degree Murder is Vacated
Charlie Ely was just eighteen years old when she was arrested and charged with first-degree premeditated murder in Marion County, Florida. In 2011, Charlie lived alone and allowed several other teens to move in with her. One of Charlie’s roommates shot and killed a fifteen-year-old boy at Charlie’s home. After the shooting, several other… Read More »
Florida Supreme Court Once Again Reverses Precedent & Violates Constitution By Creating Unacceptable Risk That Intellectually Disabled Will Be Executed
In late May, the Florida Supreme Court once again astonished many in reversing well-established precedent and allowing the state to execute intellectually disabled individuals. The court also did so on its own initiative, and not as a result of a request from the state of Florida. The decision defies a 2002 US Supreme Court… Read More »
Criminal Defendants in Limbo as Rights to Speedy Trial Affected by Pandemic
Criminal defendants have been left in limbo as they wait for stalled cases to continue to move forward while jury trials have been put on hold due to the pandemic. This means that, on any given day, more than 630,000 people are being held in jails, of which approximately 75 percent have not yet… Read More »
Many Charged with Unlawful Assembly in Florida for Protesting After George Floyd’s Death
With protests erupting all over the country, including here in Florida, many are being arrested on a daily basis and charged with unlawful assembly and resisting police – a second-degree misdemeanor – in connection with these activities. Several have also had additional charges added on, including battery on a law enforcement officer, criminal mischief,… Read More »
If The US Supreme Court Modifies or Abolishes Qualified Immunity, This Could Completely Transform Arrests & Police Brutality
The tragedy that occurred involving George Floyd and the officer who killed him after kneeling on his neck for more than eight minutes during an arrest – when video footage indicates that Floyd was not resisting arrest – has sparked widespread protests around the country, highlighting the issue of an overall lack of accountability… Read More »
Experts Hypothesize That Federal Judges May Rethink Sentencing in The Future After Dismaying Experiences with Bureau of Prisons During Pandemic
Experts have speculated that federal judges having to deal with the Federal Bureau of Prisons up close may permanently affect how they approach sentencing in the future, and while judges have limited control over the release of inmates, they have significant discretion when it comes to the length of incarceration. It will largely be… Read More »
A New Civil Rights, Racial Profiling Issue During the Pandemic: Being Arrested for Wearing a Mask—While Being Black
A serious civil rights and police misconduct issue has come up during the coronavirus pandemic, and involves innocent African American men being arrested for wearing masks in accordance with recommendations made by the Centers for Disease Control (CDC). For example, earlier in April, an officer in Miami arrested a black man who was wearing… Read More »
Florida Supreme Court Hears Arguments On Decriminalizing Recreational Marijuana & The State’s Medical Marijuana Licensing Scheme On Same Day
On May 6, the Florida Supreme Court heard arguments about proposed constitutional amendments that would legalize (i.e. decriminalize) recreational marijuana here in Florida. As it is currently drafted, the amendment would allow adults 21 years or older to display, possess, purchase, transport, and use up to 2.5 ounces of marijuana and marijuana accessories for… Read More »
Fifth Circuit Dismisses Charges Brought Against Florida Man in Stand Your Ground Deputy Shooting Case
In April, an important Florida ‘stand your ground’ case involving a defendant accused of shooting a sheriff’s deputy during an arrest that took place in front of his house several years ago was decided by the Fifth Circuit Court of Appeals. The Court dismissed the charges and held that the defendant never should have… Read More »
Florida’s Proposal to Create a Prison-Within-A-Prison During Pandemic Arguably Violates Prisoners’ Eighth Amendment Rights
In early May, a proposal to create a separate category of prison within Florida’s central prison system–an area referred to as an “administration management unit” (AMU)–was put forth, whereby “troublemakers” within the prison would reportedly be segregated from the rest of the general prison population. Critics have indicated that it represents the administration’s attempt… Read More »
The First Amendment On Trial
The US supreme court has been petitioned to review an incredibly important First Amendment free-speech case, McKesson v. Doe. The case involves a police officer who was allegedly assaulted at a black lives matter protest, and who is now seeking damages against the individual who organized the protest even though he had nothing to… Read More »
Florida Senate Moves to Block Initiative to Decriminalize Recreational Marijuana Before Florida Supreme Court
The Florida Senate is using a controversial new law to block a constitutional ballot initiative that would legalize and decriminalize recreational marijuana, raising a number of civil rights concerns in doing so. Specifically, the Senate is arguing that the state Supreme Court should block the recreational marijuana amendment because it would not only conflict… Read More »
Florida Former Felons Voting Rights Lawsuit Granted Class Action Certification, Paving The Way to All Former Felons Having Voting Rights Restored
Florida ex-felons’ long battle to have their civil right to vote restored, as the voters already dictated, took another huge step in April when the federal judge overseeing the case granted class certification to the lawsuit, opening the door for the success that applied to the original 17 plaintiffs to now apply to every… Read More »
U.S. Supreme Court Rules That Officer Can Pull You Over Simply for Vehicle Ownership Being Associated with Suspended or Revoked Driver’s License Under Some Circumstances
In April, The U.S. Supreme Court ruled on a very important Fourth Amendment search and seizure case, finding that police officers may stop a vehicle simply because the vehicle is registered to someone whose driver’s license is suspended or revoked, thereby relying on the assumption that the owner is the individual driving the car… Read More »
Florida Contemplates Charging Those Who Knowingly Expose Others to Virus with Culpable Negligence
As the coronavirus pandemic brings more and more panic into our everyday lives, governors and other state officials have entered into emergency declarations and taken other measures to try and protect the general public health, such as ordering particular individuals to self-isolate if they experience coronavirus symptoms. Indeed, authorities have been cracking down on… Read More »
11th Circuit Court of Appeals Rules That Non-Prosecution Agreement Entered into by Epstein Cannot Be Overturned
In April, the Eleventh Circuit Court of Appeals held that Jeffrey Epstein’s victims did not have the right to challenge the non-prosecution agreement entered into between the U.S. Attorney’s Office for the Southern District of Florida and Epstein under the Crime Victims’ Rights Act (CVRA) because there was never an actual indictment and/or federal… Read More »
Supreme Court to Hear Important Police Brutality Case Where Innocent Defendant Was Beaten Unconscious
On March 30, the U.S. Supreme Court agreed to hear what may very well turn out to be one of the most notorious police misconduct cases that the high court has ever reviewed in Brownback v. King. Six years ago, local police and the FBI, in partnership, mistook defendant James King for a wanted… Read More »
Florida Supreme Court Once Again Reverses Itself & Decides That Juveniles Can Be Sentenced for More Than 20 Years
The Florida Supreme Court has once again made an astonishing decision reversing its previous decision on what constitutes cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution. After shocking the state and, indeed, the entire country when, in January, it found that the court erred in 2016 when it ruled that… Read More »
House Makes Lynching a Federal Hate Crime, But Some Are Skeptical as to Whether This Represents Justice
In March, the House officially designated lynching to be a federal crime law, punishable by life in prison, a fine, or both penalties. The law was named for Emmett Till (the “Emmett Till Antilynching Act”), who was tortured and lynched in Mississippi 65 years ago. Congress has considered similar legislation dozens of times over… Read More »
How The Coronavirus Will Affect the Criminal Justice System & Defendants’ Rights
There is no question that the coronavirus has completely changed criminal charges and our criminal justice system, for that matter, from Florida state attorneys calling for the release of inmates to avoid the virus spreading, to Florida prisons now being closed to new inmates due to threats posed by the virus, to criminal charges… Read More »
Florida House Passes THC Limit for Medical Marijuana, While Veterans & Senate Express Concerns
In spite of the fact that Florida voters broadly legalized medical marijuana via a constitutional amendment in 2016, in March, the Florida House signed off on a plan that would cap the amount of THC in medical marijuana for anyone under the age of 21 via a voice vote, putting in place a 10… Read More »
Judge Orders Company to Pay $465 In Civil Litigation Dispute
More and more pharmaceutical companies that produce opioids are not only being successfully sued by plaintiffs in connection with product liability claims, but now public nuisance claims as well. In fact, a judge recently ordered Johnson & Johnson to pay $465 million for deceptive marketing in connection with the opioid epidemic, finding that the… Read More »
DNA Taken by Deception On Trial in Murder Cases
We have previously discussed the use of forensic genealogy to solve cold cases and how this new investigative technique is on the rise with law-enforcement. However, It is now of concern that, in several cases now before the courts, these techniques are being used in conjunction with DNA that was taken deceptively, which is… Read More »
US Supreme Court to Decide If It Is Illegal to Provide Immigration Advocacy
A criminal case that also involves First Amendment free speech rights argued before the US Supreme Court in late February is an important case that could have severe repercussions for a number of citizens. If the Court rules in favor of the government, it could criminalize a significant amount of speech, ensnaring not only… Read More »
