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criminal defense

Florida New Stand Your Ground Law Ruled Unconstitutional

Stand your ground has always been controversial and this week’s ruling by a Miami judge will only add fuel to the controversy and debate.  Miami-Dade Circuit Judge Milton Hirsch wrote that Florida legislators overstepped their authority when they passed a bill that many prosecutors criticized.  Under the law, prosecutors must prove by “clear and convincing” […]

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Reasonable Fear for Life and Police Shooting

The police officer who fatally shot Philando Castile after a routine traffic stop in Minnesota has been acquitted on all charges.  The shooting occurred in July 2016.  Officer Jeronimo Yanez had been charged with second-degree manslaughter and endangering safety by discharging a firearm in the shooting.  A dash cam video of the incident was released

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OJ Simpson’s Parole Hearing Set for July, May Be Free in October

Having already served 8 years of a 9-33 year prison sentence for armed robbery, kidnapping and other charges stemming from a confrontation with two sports memorabilia dealers at a Las Vegas casino hotel in September 2007, OJ Simpson has a parole hearing set for July 20th in Nevada.  Simpson will appear by video from Lovelock

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Cosby Mistrial and the Difficulties with “He Said, She Said” Cases

Bill Cosby’s sexual assault trial ended in a mistrial over the weekend after a jury could not agree as to his guilt or innocence.  While the outcome was not entirely unexpected given the long deliberations of the jury, it left some legal scholars scratching their heads as to why the jurors had so much difficulty

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Burden of Proof Shifts in Florida Stand Your Ground Cases

Florida Governor Rick Scott has signed legislation into law that essentially shifts the burden of proof from defendant to prosecutor in “Stand Your Ground” cases.  This is a significant shift in the law since prior to this bill’s signing the Florida Supreme Court had ruled in 2015 that defendants have to prove in pretrial hearings

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Is USF Football Player Still Innocent Until Proven Guilty After Judge’s Remarks?

The presumption of innocence is a bedrock principle in our criminal jurisprudence and guaranteed in the Bill of Rights.  However, that principle may have been tested when a judge in a case involving a USF football player spoke out against the accused, his coach, and USF in general. On Wednesday, USF defensive end LaDarrius Jackson

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USF Football Player Arrested and Charged with Sexual Assault

Ladarrius Divonta Jackson, 22, a defensive end for the University of South Florida Bulls, has been arrested and charged with sexual battery and false imprisonment of a female student. The alleged incident occurred on Monday in the afternoon at one of the on-campus housing apartments.  The woman immediately called university housing staff who assisted her

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