Yearly Archives: 2018


Are trials truly a search for the truth?


I have heard it said that trials are a search for the truth. Unfortunately, that could not be further from the actual truth. What I mean is that it is the perception of truth that the jury comes to accept that counts. The ultimate, or God's truth, takes a backseat to advocacy. For example, a [...]



There will be no winners in the confirmation process of  Judge Brett Kavanaugh. Americans were shown the true colors of our two-party system miserably at work. Mudslinging is too kind of a term to use in describing "the search for the truth."  It seems that the "agenda" of the parties takes precedence over fairness, civility and downright professional conduct. Senators were seen trying their best to get their fifteen minutes of fame before a national audience in the hopes that [...]

Taking blood in DUI crash cases


      In Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) the United States Supreme Court ruled that warrants were necessary to extract blood from a motorist involved in DUI crash cases where someone was injured.  Although some exceptions exist, this changed the way police obtained blood to determine alcohol content.  However, more recently, Florida’s [...]



Much has been said lately about the "stand your ground" law. There are some misconceptions that the public has concerning its applicability. Some people believe that the law allows a person to use deadly force in any situation where they are not the aggressor. If they are the victim of a simple battery, they believe that [...]

U.S. Supreme Court rules a warrant is required for cell tower data


Recently, the United States Supreme Court in Carpenter v. United States (June 28, 2018) ruled that law enforcement must apply for a warrant to obtain the cell tower records of a citizen to establish what the court termed "a virtual timeline and map of a person’s whereabouts — information that is detailed, encyclopedic, and effortlessly compiled".  The opinion extends the [...]

Jury’s deliberations questioned


The United States Supreme Court handed down an opinion that changed the law on whether a citizen or the court can involve itself in the deliberations of a jury (See: Pina-Rodriguez v. Colorado, 580 U.S. ___ (2016)). In the past, all matters that inhere in the verdict could not be looked into. In other words, [...]

New Proposed Constitutional Amendment


Proposition 96 also called "Marcy's Law" is a proposed Constitutional Amendment to Florida's Constitution that would add significant rights to victims of crimes.  On its face, it is well intended, however there are unintended negative consequences that the drafters did not anticipate. For example, anyone who thinks that some people don't "game" the system are [...]

Not Everything Legal is Moral


Florida law allows the office of the state attorney to issue subpoenas for investigative purposes pursuant to Florida Statute chapter 27. When such a subpoena is issued, it commands the presence of the individual involved. Because there may be Fifth Amendment issues (self-incrimination) Florida Statute 914.04 holds that the individual subpoenaed to give testimony is [...]

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