Jury Selection - Striking for Cause
May 06, 2013
An interesting jury selection decision here in Florida was published yesterday in: ERNEST LARON BLAKE, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 1D12-1385. Opinion filed April 8,...
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Is the content on your cell phone protected by the 4th Amendment?
May 06, 2013
The Florida Supreme Court recently visited the topic of whether or not the content on your cell phone is protected by the 4th Amendment and answered the question in the affirmative in Smallwood v. Stat...
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Is the "Curtilage" around your house a "protected area?"
May 06, 2013
Florida v. Jardines (argued before the U.S. Supreme Court) resulted in a huge drug law/criminal defense/protection of our civil liberties victory today. Justice Scalia upheld the Florida Supreme Court'...
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CORRECTING AN ILLEGAL SENTENCE
May 06, 2013
What is an illegal sentence? An illegal sentence is one which, when imposed is violative of our Constitution in that it constitutes cruel and unusual punishment when imposed. The Third District Court...
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4th (Fourth) Amendment Seizures of persons
Aug 02, 2012
www.TheMiamiDefender.com "Is it unreasonable for an officer to stop me on the street and request to search my luggage or person absent probable cause?" That depends: The US Supreme Court has recogni...
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Substance Abuse and Federal Sentencing
Aug 02, 2012
www.TheMiamiDefender.com The Law Office of Robert J. Lee, P.A. When the Federal Court sentences a defendant to a term of imprisonment, the Probation Officer in charge of completing the Presentence In...
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Recovering Treble (3x damages) for Civil Theft in Florida
Aug 02, 2012
This is a basic rendition of the civil theft statute and how one may go about recovering...
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