Category: Blog

In the case of Missouri v. Tyler McNeely, Mr. McNeely was arrested for DUI and then forced to give blood at a nearby hospital. His case went all the way to the United States Supreme Court where he successfully argued that forcing him to give blood without first getting a warrant violated his right to […]

In the case of Christopher Brooks versus the State of Florida, Mr. Brooks was arrested for DUI while trying to save his cat. The facts are as follows: At approximately 1 a.m. on October 30, 2010, a Hillsborough County sheriff's deputy clocked Brooks' car travelling at 84 miles per hour in a 55 mile per […]

Some people think that if you steal something from inside a store but haven't actually left the store that you are not guilty of shoplifting. That is incorrect. However, if someone steals something from inside a store but then changes his mind and abandons his plan to steal the item (before getting caught) by putting […]

  In the case of Toccara McClover versus the State of Florida, Ms. McClover was convicted of retail theft at a Wal-Mart store. The facts of her case are that:   "A security guard at a Wal–Mart store in Port St. Lucie, Florida testified that on surveillance cameras he watched two females come into the […]

  In the case of Aaron Little versus the State of Florida, Mr. Little was charged with committing the crime of second-degree murder with a firearm.  Little filed a motion to dismiss his case in which he argued that he shot the victim in self-defense and was therefore entitled to claim immunity from prosecution because […]

In the case of Florida versus Jardines, the police took a drug-sniffing dog to Jardines' front porch where the dog gave a positive alert for illegal drugs. Based on that alert, the officers got a warrant to search Jardines' home. When they went inside Jardines' home, the police found marijuana plants. Jardines was charged with […]

In the case of Robert Gorham versus the State of Florida, Mr. Gorham was convicted of two counts of burglary of a conveyance with an assault or battery. His convictions were based on a single entry but involved two different victims. Gorham appealed his convictions, and the appellate court ruled that: 1. His two convictions […]

In the case of the United States v. Alvin Gaskins, Mr. Gaskins was convicted of conspiracy to distribute narcotics.  He appealed.  The court of appeals reversed his conviction because the prosecutor failed to prove that Gaskins knowingly entered into the conspiracy with the specific intent to distribute drugs.    The facts of Gaskins' case are […]

  In the case of the United States v. John Doe, a subpoena duces tecum was issued to an individual (named John Doe) during a child pornography investigation.  That subpoena ordered Doe to appear before a grand jury and produce unencrypted contents of laptop computers and external hard drives.   Even though the prosecutor gave Doe […]

  Prosecutor's often use something called "inextricably intertwined" evidence.  For example, if someone charged with the crime of rape steals jewelry from his victim after raping her, evidence of that theft is often presented to a jury even though the person on trial has not been formally charged with theft.   This often-used practice of […]