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Category Archives: Criminal Law

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Florida Supreme Court Reverses Yet Another Decision, This Time Opening Door to Mentally Disabled Being Executed

By William Wallshein P.A. |

In late May, the Florida Supreme Court reversed yet another one of its previous decisions; this time involving capital punishment and intellectual disabilities, opening the door to allowing defendants with mental disabilities who were previously sentenced to death under an unconstitutional state law to still be executed even though the US Supreme Court ruled… Read More »

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Fifth Circuit Reverses Murder Conviction of Florida Man Who Shot Deputy Defending His Niece

By William Wallshein P.A. |

In April, a Fifth Circuit Court of Appeals ruled that a Florida man convicted of premeditated first-degree murder of a law enforcement officer while discharging a firearm was innocent due to Florida’s ‘Stand Your Ground’ law in an important ruling reinforcing homeowners’ rights when it comes to Florida’s laws on justifiable use of force…. Read More »

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Coronavirus-Related Criminal Charges On the Rise

By William Wallshein P.A. |

Anxiety levels are understandably high as the coronavirus pandemic sweeps through the U.S. and the rest of the world, with approximately one million infected as of early April. As a result, states such as Florida have issued Stay-at-Home Orders, and law enforcement is taking these orders seriously, arresting those who violate them by holding… Read More »

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CrimLaw10

11th Circuit Rules That Crime Victims’ Act Is Not Triggered Unless Criminal Charges Have Been Filed

By William Wallshein P.A. |

 In mid-April, the Eleventh U.S. Circuit Court made a decision upholding the non-prosecution agreement entered into between Jeffrey Epstein and the U.S. Attorney’s Office for the Southern District of Florida, which also effectively decided that the Crime Victims’ Rights Act (CVRA) was never in effect and Epstein’s victims did not have the right to… Read More »

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DrugCrime2

Supreme Court Opens the Door for States to Prosecute Illegal Immigrants, While Florida Fails to Address Issue of Inmates Serving Outdated Sentences for Drug Crimes

By William Wallshein P.A. |

Unfortunately, the beginning of March has already dealt a significant blow to criminal justice, both at the federal level and here in Florida: While the U.S. Supreme Court increased the ability for states to criminally prosecute illegal immigrants over work authorization fraud, overriding existing federal law in doing so, Florida lawmakers entered the final… Read More »

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CrimLaw13

U.S. Supreme Court to Hear Important Fourth Amendment Seizure Case Involving Excessive Force & Police Shootings

By William Wallshein P.A. |

In March, the U.S. Supreme Court will hear Torres v. Madrid, an important Fourth Amendment search and seizure case for which there is currently a split amongst the U.S. Court of Appeals, including the 11th Circuit (which covers Florida) and one that is very important to what is considered a “seizure” in criminal cases…. Read More »

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Crime2

Florida Group Urges State Attorney General to Prosecute Schools Over Reading Materials

By William Wallshein P.A. |

It may soon be a crime to include certain types of materials in school curriculums here in Florida: In January, the Florida Citizens Alliance urged the state Attorney General to prosecute any schools that are making certain materials available to children; materials that it deems offensive because they include explicit sex scenes and information… Read More »

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CrimDefLawyer

Florida Supreme Court Throws Law into Chaos by Removing Unanimity Requirement for Death Penalty

By William Wallshein P.A. |

A recent ruling out of the Florida Supreme Court indicating that it erred in 2016 when it ruled that a jury must be unanimous in sentencing a defendant to death has a number of criminal defendants and criminal justice advocates concerned and has unquestionably muddled existing law, leaving many wondering whether the state legislature… Read More »

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Homeless

U.S. Supreme Court Leaves Ruling Barring Prosecution of Homeless in Place

By William Wallshein P.A. |

In December, by refusing to hear one state defense of regularly prosecuting the homeless for sleeping in public areas, the US Supreme Court essentially upheld a lower court’s finding that this practice violates the Constitution‘s ban on cruel and unusual punishment. In doing so, the Court essentially declared that individual constitutional rights trump cities’… Read More »

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CrimJustice

First Person Charged & Convicted Under Florida’s New ‘Red Flag’ Law

By William Wallshein P.A. |

The first person charged under Florida’s new ‘red flag’ law – passed in an effort to prevent another Parkland school shooting – was found guilty in December. The law allows law enforcement to confiscate an individual’s weapons if they deem that the individual poses a danger to themselves or others. It also allows them… Read More »

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