Category: Blog

  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 […]

  In the case of the United States versus Jorge Cedeno, the trial judge prevented Cedeno’s lawyer from questioning a detective about the fact that he had lied (and been caught lying) in a prior court proceeding in an unrelated case.    The trial judge prevented such questioning after considering:   1.    Whether the prior […]

  In the case of Derek Martin versus the State of Florida, Mr. Martin was convicted of possession of cocaine with intent to sell.  Martin appealed, and the court of appeals overturned his conviction because the prosecutor failed to prove that Martin intended to sell the cocaine that he had in his possession.  The court […]

  In the federal case of the United States of America versus Napoleon Bustamante, Mr. Bustamante was convicted of illegally reentering the United States, making a false statement in a passport application, and making a false statement in an application for supplemental security income benefits. His convictions centered around the prosecutor’s accusation that Bustamante was […]

  In the case of the United States of America versus Lance White, the Court ruled that Mr. White's constitutional right to confront his accuser--a police officer--was violated when White's lawyer was not allowed to question the officer about the fact that a judge in another federal gun possession case had previously ruled that the […]