Blog Posts in June, 2009

Expert Testimony, While Often Helpful, Can Be Wrong And Lead To The Conviction

Expert Testimony, While Often Helpful, Can Be Wrong And Lead To The Conviction Of An Innocent Person. Defense Attorneys Should Be Vigilant To Prevent Experts From Improperly Testifying That Other Experts Agree With His Conclusion The case of Telfort v. State , 978 So. 2d 225 (Fla. 4th DCA 2008) involved the reversal of a conviction for home burglary based upon the improper admission of the ...

Fifth Amendment Right Not to Incriminate Oneself

Fifth Amendment Right Not to Incriminate Oneself Also Applies to Post-Arrest Silence The Fifth Amendment to the United States Constitution contains a right basic to our criminal justice system. It provides that no person can be compelled to be a witness against himself. Many believe that this right is meant to protect only the guilty; this, however, is wrong. The Supreme Court of the United States ...

Florida Appellate Court Reverses Two Life Sentences

Florida Appellate Court Reverses Two Life Sentences for Charges of Sexual Battery Upon Two Minors Under 12 Years Old. The court's ruling establishes important guidelines for jury instructions in rape cases. In the case of Brown v. State , 34 Fla. L. Weekly D1016a, 2009 WL1424047 (Fla. 2d DCA May 22, 2009) the court reversed two life sentences for sexual battery committed upon two persons under the ...