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 »
