Florida battery and other criminal cases often come largely down to one person’s version of the events against another person’s version. Witness and victim testimony is crucial in these cases. There are, however, a number of evidence rules that may limit the type of testimony that actually gets to a…
A high-profile Pinellas County murder case recently got new life from the Florida Supreme Court. The decision is a good example of how seriously courts take murder charges, and also of the strict legal requirements that have to be met before a person can be sentenced to death.The defendant was…
In a Florida kidnapping case, the issue on appeal was whether the defendant’s kidnapping convictions reflected Florida confinement law. The defendant argued that his actions did not constitute kidnapping because themovements of his victims were slight and inconsequential and did not assist the commission of another crime. The defendant allegedly…
The United States Constitution grants criminal defendants the right not to testify in their trial. See U.S. Const., Amend. V. From this right, the Florida Supreme Court has ruled that commenting in such a way that can be interpreted to cast light on the defendant’s failure to testify is an error…
Criminal cases require prosecutors to present evidence in order to obtain a conviction. Evidence generally comes in two varieties: direct and circumstantial. Examples of direct evidence include eyewitnesses to a crime or a ballistics report stating that the defendant’s gun fired the bullet that killed the victim. Circumstantial evidence, by contrast,…
Florida violent crimes are codified by statute. As a result, sometimes courts have to engage in the practice of statutory interpretation to determine which crime is available for prosecution. The answer is not always obvious. For instance, the Florida First District Court of Appeals recently analyzed whether a car could…