Arthur Spiegel's Legal Cases (4)

Violent crime

Herve Jean-Mary v. State of Florida, 678 So.2d 928 (Fla. 3d Dist. Ct. App. 1996)

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OUTCOME: Defendant's conviction reversed on appeal

The defendant was accused by his ex-wife and her boyfriend of burglary with an assault. The defendant actually went to bring his children Christmas presents. Ex-wife criminal history of crimes of disho ... nesty were kept from the jury. There was no evidence except her testimony. On appeal, Third District Court of Appeal, in Jean-Mary v. State, 678 So.2d 978 (Fla. 3d Dist.Ct. App. 1996), established that witnesses, who claim to be victims, do not have special protections from cross-examination where they have been prosecuted by State for crimes of dishonesty.

Violent crime

Jimenez v. State, 764 So.2d 933 (Fla. 3d Dist. Ct. App. 2000)

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OUTCOME: Sentence reduced to 6 years in Prison

Defendant was accused of second degree murder. Plea offer from State Attorney was 22 years in prison. Defense was self-defense/justifiable homicide to prevent commission of a felony. After trial, the j ... ury, while not completely exonerating the defendant did find sufficient evidence that my client was defending himself from a crime being committed by the decedent. He was convicted, under a special verdict form, of a lesser offense. He was originally sentenced to 11 years in prison, which was a victory to begin with. On appeal, erroneous use of sentencing guidelines won him a reduced sentence to only 6 years in prison.

Juvenile law

L.A.T. vs. State of Florida, 650 So.2d 214 (Fla. 3d Dist. Ct. App. 1995)

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OUTCOME: Adjudication of delinquency reversed on appeal

L.A.T. was prosecuted for disorderly conduct and resisting arrest. At trial, the only evidence adduced by the State was that he was pointing out to on-lookers that police were using egregious violence ... against the child's friend. The conviction was reversed on 1st Amend. US Const. grounds. Still good law today.

Class action

City of Miami v. Sidney Wellman, 976 So. 2d 22 (Fla. 3d Dist. Ct. App. 2008) rev.denied

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OUTCOME: City ordinance declared unconstitutional

This is a class action suit brought on behalf of all persons whose automobiles were impounded under a City of Miami ordinance. The 3rd DCA has twice ruled in favor of the class. The Florida Supreme Cou ... rt recently declined to review the case upon the petition for discretionary review by the City of Miami.

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