The Legal Rap

D.S. (Juvenile) v. State, 37 Fla. L. Weekly D825 (Fla. 3d DCA, Apr 11, 2012): Motion to Suppress denied, Reversed and Remanded. D.S. appeals from a withhold of adjudication of delinquency entered following an adjudicatory hearing. D.S. was detained, along … Continue reading →

SHANKS v. STATE, 37 Fla. L. Weekly D728a (Fla. 1st DCA, Mar 28, 2012) Mr. Shanks had entered a plea of nolo contendere to a charge of possession of cocaine, in violation of section 893.13(6)(a), Florida Statutes (2009). The trial … Continue reading →

  HAYES vs. STATE, 37 Fla. L. Weekly S253a (Fla., Apr 5 2012) Peremptory challenges during jury selection are once again the subject of this Court’s review. More specifically, we address the misapplication by both the trial court and the … Continue reading →

State v. Romine, 19 Fla. L. Weekly Supp. 349 (4th Jud. Cir., Jan 11 2012): Order granting Motion to Suppress affirmed. The driver was stopped for crossing the “outside lane marker” then return to her lane. There was video evidence … Continue reading →

This is a case that has now thrown back into confusion the entire “with knowledge” and “without knowledge” Driving With a Suspended License law.  I will try to clarify but feel free to look this one up and write some … Continue reading →

PERSON, A.K.A. PEARSON, v. STATE, 37 Fla. L. Weekly D634a (Fla. 3d DCA, Mar 14, 2012) Three violations found by trial court were unsupported (unfortunately this guy had five violations but the reasons dismissing three are always helpful). “While Person … Continue reading →

I’m way behind, I know.  We just moved our office and just getting settled and, thank God, we have been busy.  I wanted to highlight the case below because it addresses the fellow officer rule and the establishment of probable … Continue reading →

This is an interesting case regarding wireless communication interception by a 911 operator.  The case deals with chapter 934 which should be required reading for all graduating high school students and anyone getting married (not to mention lawyers).  It seems … Continue reading →

It has been a slow “wordpress” year – so far.  I’ll be picking it up as time allows (but Spring is in the air!). First case deals with eyewitness testimony.  I have to imagine there is a case with better … Continue reading →

STATE, v. McCULLOUGH, 37 Fla. L. Weekly D49b (Fla. 2d DCA, Dec 30,2011) – The State appeals from the trial court’s order granting Sharon Laverne McCullough’s motion to suppress evidence seized following her arrest. Because the search of McCullough’s car … Continue reading →