Category Archives: Murder Defense
What Does A Defendant Need To Allege To Support A Self-Defense Claim?
Florida’s “Stand Your Ground” law is often misunderstood. You cannot simply say, “I acted in self-defense,” and expect to be acquitted of a murder charge. Rather, there is a multi-step process involved once a defendant moves to invoke Stand Your Ground immunity. Let’s start with when Stand Your Ground even applies. Under Florida law,… Read More »
How A Brady Violation Can Overturn A Criminal Conviction
In a criminal trial, the prosecution is not supposed to “ambush” the defense. Nor can the state intentionally withhold information that might undermine their case. To do either is what is called a Brady violation, named for a 1963 United States Supreme Court decision. A Brady violation occurs when three conditions are met: The… Read More »
Florida Supreme Court Overturns Murder Convictions Due To Improper Deposition Format
There are strict rules governing the admission of testimony in a Florida criminal trial. Both the prosecution and the defense need to follow these rules. And if testimony is admitted in violation of the rules, it can taint the outcome of the trial. Even a seemingly small deviation from the rules of evidence can… Read More »
Do Police Have To Give You A New Miranda Warning If You Start Talking?
Under the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona, police are required to advise a criminal suspect of their constitutional rights to remain silent and to speak with an attorney before conducting an interrogation. If the suspect subsequently invokes the right to remain silent, the interrogation must cease–i.e., the police cannot ask… Read More »
What Happens When A Potential Juror Assumes I’m Guilty?
The presumption of innocence is the bedrock of the American criminal justice system. All persons accused of a crime are innocent unless they are found guilty “beyond a reasonable doubt” by a jury of their peers. Jurors themselves must not enter a trial with any assumptions regarding the defendant’s guilt. Their ultimate verdict must… 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 City Commissioner Charged with Murder: Second Spotlight on Florida’s Stand Your Ground Law
Florida’s “stand your ground” law is once again under the spotlight as a Lakeland, Florida city commissioner (Michael Dunn) is now facing second-degree murder charges after shooting an alleged shoplifter at his store earlier this month (October). According to the footage obtained by police, the victim hid a hatchet from the store under his… Read More »
Justifiable Homicide & Use of Lethal Force in Florida
A new study indicates that Florida has experienced a 75 percent increase in justifiable homicides since its ‘Stand Your Ground’ law went into effect. Specifically, between 1999 and 2005, lawful homicides accounted for approximately 3.4 percent of all homicides in Florida (compared to an average of 8.7 percent between 2006 and 2015). The right… Read More »
Florida Man Faces Criminal Charges after Migrants Found Dead In Tractor-Trailer
On July 24th, the U.S. Lawyer’s Office for the Western District of Texas announced that a criminal complaint would be filed against 60-year-old Florida man James Matthew Bradley for his alleged involvement in the death of nine people who were found in a tractor-trailer in Texas. Nine were discovered dead at the scene; 39… Read More »
Proving Self-Defense in a Murder Case
On February 26, 2015, Susan Joy Jacobson murdered her common-law husband, Marvin Neal James, during what she claimed was another episode of domestic violence. According to Jacobson, James kicked her then pregnant belly. After a brief struggle, she got up and, in what she thought was a race, ran to get James’ gun. She… Read More »
Understanding Florida’s Second Degree Murder Charges
There are varying degrees of murder in Florida, including first degree murder, second degree murder, third degree murder, manslaughter, and aggravated manslaughter. Each is devastating, yet how the courts determine the degree of murder (and therefore, the punishment) all depends on the circumstances under which the individual was murdered, and the state of mind… Read More »
What to Do When You’re Considered an Accessory to Murder in Florida
Discounting third degree murder (unintentional manslaughter), murder in Florida is a crime punishable by the following under Florida state law: No less than 10 years for a murder of the second degree if the offender had no prior record; A minimum of 25 years if a firearms was used for a murder of the… Read More »
What Constitutes as Involuntary Manslaughter in Florida?
It happens in car accidents, self-defense cases, or reckless criminal negligence—a person will act in some haphazard way and with a wanton disregard for others, when they accidentally kill another human being. The negligent person will panic, certain that they are going to prison for life for murder. While the taking of another human… Read More »
Potential Changes Afoot For Florida’s Stand Your Ground Law?
Florida’s controversial “stand your ground” law came to national attention in February, 2012, following the shooting death of 17-year-old Trayvon Martin. The “stand your ground” statute, sometimes seen as a defense to a charge of homicide or other illegal use of force, in fact offers a defendant complete immunity from prosecution on the basis… Read More »
Homicide in Florida
Homicide occurs when one person causes the death of another. However, homicide is not necessarily the same thing as murder. In fact, homicide is not always illegal. Depending on the surrounding circumstances, homicide may be justified or excused. Read on to learn more. Different types of homicide Florida law recognizes several different types of… Read More »
Validity of Bite Mark Evidence Challenged
In 1987, Steven Chaney was convicted of murder in Dallas, Texas. The evidence that sealed his fate was bite mark testimony offered by two forensic odontologists (bite mark experts). According to the testimony, the murder victim had a bite mark on his arm that could only have come from Chaney. Texas Monthly magazine reports… Read More »
Florida’s “10-20-Life” Sentencing Law
In August, 2010, Marissa Alexander of Jacksonville fired a gunshot into the wall near her allegedly abusive husband during a confrontation. According to the Florida Times-Union’s account, his children, then ages 10 and 13, were in the vicinity at the time – prosecutors charged that they were standing next to him, while Alexander maintained… Read More »
