A picture is emerging of how flawed hair evidence was used to convict people who may have been innocent. In one of the cases, Richard Beranek was convicted and sentenced to a prison term of 243 years. He was found guilty in a rape case where the rape had been committed 130 miles from whereRead More
Category: Appeal
The Connection Between Expert Witness and Ineffective Assistance
Effective Assistance One of the primary appeals of the United States of America and its Constitution is the protection of the fundamental rights of citizens. The Sixth Amendment guarantees certain fundamental rights of all citizens. A few of these rights include fair and impartial trials, a speedy trial without undue delay, a jury of peers,Read More
How Far Can The Government Go In Freezing Untainted Assets of Individuals Charged With Crimes?
The constitution basically provides protection for an individual who has been arrested for committing a crime. There are rights that remain effective even before court procedures commence. Because freedom is at stake in the process, the 5th and 6th Amendment ensures that an individual will have legal assistance. An accused can choose the attorney toRead More
People v. LaValle
People v. LaValle | Facts of the Case Background On Sunday, May 31st 1997, Cynthia Quinn while taking her morning jog, allegedly found Stephen LaValle urinating by the side of the road and yelled at him. This action completely angered LaValle who then followed her into the woods where he raped and murdered her withRead More
Supreme Court DUI Ruling Regarding the Use of Blood Tests in Determining BAC
DUI or driving under the influence is a criminal term used to refer to the crime of driving a motor vehicle while impaired by drugs or alcohol. In the case of alcohol, a typical test referred to as the blood alcohol content is administered to determine the level of intoxication that the driver has. ThereRead More
Drivers Must Possess “Actual Knowledge” of a Motor Accident to be Found Guilty of Charges in a Hit-and-Run Case
The Florida Supreme Court recently ruled that drivers must possess “actual knowledge” of a motor accident to be found guilty of charges in a hit-and-run case. Zachariah Dorsett hit a teenager with his heavy pickup, after the teen fell off a skateboard into the road. Mr. Dorsett was pulled over and arrested by police roughly threeRead More
Warrantless Blood Draw in DUI Investigation | United States Supreme Court Lets Decision Stand
In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment. It was held that a forced blood draw, by itself, is not considered an exception to the warrant requirement. Up until this decision, the “exigent circumstances” exception dictated whether or notRead More
Difference Between a Traffic and a DUI Investigation
What is the Difference Between a Traffic Investigation and a DUI Investigation? Traffic Investigation: If you have ever had the misfortune of being involved in a traffic accident, you knowthat the process can be stressful and traumatic. In most cases, a police officer or crash investigator will respond to the scene and conduct an investigation.Read More
Bautista v. State | DUI Manslaughter
DUI Manslaughter | Double Jeopardy? The Supreme Court of Florida is faced with a certified question “of great public importance” from the Fourth District regarding the decision of Bautista v. State: “DOES THE “A/ANY” TEST ADOPTED IN GRAPPIN V. STATE AND STATE V. WATTS AS THE METHOD FOR DETERMINING THE UNIT OF PROSECUTION FOR THE COMMISSION OF MULTIPLE PROSCRIBEDRead More
Ineffective Assistance of Counsel | Florida Rule of Criminal Procedure 3.850
Ineffective Assistance of Counsel Florida Rule of Criminal Procedure 3.850 An appeal based on the Florida Rule of Criminal Procedure 3.850, is an appeal of last resort. It is used when all other appeals have been exhausted. This appeal is a claim of ineffective assistance of counsel, in which the defense attorney was unprepared, orRead More