Hollywood, FL
Federal crime Lawyer at Hollywood, FL
Practice Areas: Federal Crime
OUTCOME: Death sentence reduced to life imprisonment with parole
Appellant's death sentence was reduced to life imprisonment where the aggravating circumstances were not of such a grave nature that virtually no reasonable person could differ as to their outweighing ... the mitigating circumstances.
OUTCOME: Case Dismissed
Following the dismissal without prejudice of racketeering indictments against certain defendants, the United States sought reconsideration on the grounds that the dismissal was based on a finding that ... United States attorneys were aware of a government agent's psychological problems at the time the matter was presented to a grand jury and that the dismissal was not warranted. The court granted in part and denied in part the United States' motion for reconsideration. The court held that it based its dismissal of the indictments on its finding that the grand jury was tainted because the agent's psychological problems cast doubt on his ability to testify truthfully before the grand jury and because the United States' filing of 16 superseding indictments led to the grand jury's hearing extraneous evidence when considering the indictments. The court held that it should have the opportunity to review supplemental memoranda regarding three indictments, one of which had already been tried. Outcome The court granted in part and denied in part the United States' motion for reconsideration of dismissal of certain racketeering indictments. The court permitted supplemental memoranda to be filed regarding certain indictments; ordered the United States to show cause why other indictments should not be dismissed; ordered one defendant to file a motion for relief; and dismissed the indictments against other defendants without prejudice.
OUTCOME: Conviction overturned, evidence suppressed and case dismissed
Since the testimony regarding these events is without conflict and is susceptible of only one reasonable interpretation, i.e., that the defendant withdrew his consent to search before the police develo ... ped probable cause to believe that he possessed contraband, we hold that it was error to deny defendant's motion to suppress. Accordingly, the conviction is reversed and the cause is remanded for further proceedings consistent with this opinion.
OUTCOME: Case dismissed
Defendants, charged with conspiracy to commit interstate transportation of obscene material, filed motions to suppress the evidence. Defendants challenged the validity of search warrants on grounds of ... overbreadth, lack of particularity, and lack of probable cause. The court found that a section of the warrants describing papers pertaining to named obscene films was not overbroad. The court found that another section of the warrants, authorizing the seizure of business records that reflected an interrelationship and conspiracy between named individuals and companies, lacked particularity. As to probable cause, the court held that the obligation of a neutral and detached magistrate to make a probable cause determination of obscenity based on prior careful scrutiny of the specific materials alleged to be obscene had not been met. The magistrates who issued the warrants had relied on the indictments, which contained only the titles of the allegedly obscene materials. Moreover, the affidavits in support of the warrants provided no meaningful description of the alleged conspiracy. Accordingly, the court held that probable cause had not been shown. The court granted defendants' motions to suppress.
OUTCOME: Conviction reversed and case remanded for new trial
Defendant was arrested after he was found on board a boat loaded with bales of marijuana. After his arrest, defendant allegedly made certain admissions to an investigator. He was charged with possessio ... n of cannabis in excess of 100 pounds in violation of Fla. Stat. ch. 893.03(1)(c). In response to defendant's discovery request of any oral statements made by him and known to the state together with the name and address of each witness to the statement, as provided by Fla. R. Crim. P. 3.220(a)(1)(iii), the state said it had a statement by defendant within its possession and that the defense could inspect it at the state's attorney's office. The trial court held that the prosecution had fulfilled its obligation and overruled defendant's objection to entry of his statement to the investigator. Defendant appealed his conviction. The appellate court found that the prosecution's response was not in compliance with Fla. R. Crim. P. 3.220(a)(1)(iii). Because the trial court failed to make a full inquiry into the circumstances surrounding the state's noncompliance with defendant's discovery request, defendant's conviction was reversed and a new trial was awarded.
OUTCOME: Deed reinstated
Appellee mother sued appellant daughter, requesting the cancellation of a deed executed by the mother 11 years before and conveying to the daughter the mother's home, while reserving a life estate in t ... he mother. The trial court entered judgment for appellee and nullified the conveyance. The court reversed and remanded with instructions to reinstate the deed. There was no evidence in the record to sustain the trial judge's finding that the daughter exerted undue influence over her mother. The mother's testimony was that she was in a state of shock over the death of her husband, trusted the daughter, and did not bother to read the instrument she signed in her lawyer's office. By contrast, the daughter, the lawyer (who was the mother's choice) and a neighbor, all testified that the mother knew full well she had deeded the property to the daughter. The trial court made no finding of mental incompetence at the time the deed was executed. Mere mental weakness did not authorize a court to set aside a deed if it did not amount to inability to comprehend the effect and nature of the transaction and was not accompanied by evidence of undue influence.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
