There is a growing conflict surrounding the new Florida death penalty law due to some individuals receiving overturned death sentences. Known inmates charged with first-degree murder, who previously were sentenced to death, may now only face life imprisonment. Re-sentencing hearings have already taken place and more are being scheduled to determine whether the death sentence they hold still stands.
Dalia Dippolito's criminal defense attorneys will continue to argue police misconduct for the forthcoming the third trial for the allegations of trying to hire a hit-man to kill her then-husband, Michael Dippolito in 2009. The tactic used during the second trial was also police misconduct, causing a hung jury. Of six jurors, three were persuaded enough to cause a mistrial.
Drinking and driving is an offense some of us tend to take for granted until we get pulled over. What constitutes a DUI? According to the Florida Department of Highway Safety, it's when it is found that the operator of the vehicle is proven to be impaired beyond the legal limit, via breathalyzer, of a blood alcohol content (BOA) of 0.08 or greater. Knowing what makes you at risk for a DUI is important, to be sure, but what sort of charges are you facing?
The Florida State Supreme Court is preparing to hear arguments about the state law which allows citizens to be prosecuted if they refuse a breathalyzer. Currently, Florida law allows police officers to arrest suspected drunk drivers if they refuse to take a breath test.
How far can law enforcement dig into your search history? Changes to existing laws may soon permit a deeper dive than is currently allowed.
On Monday, the Supreme Court ruled in favor of Georgia death row inmate Timothy Tyrone Foster. In a 7-1 decision, the High Court ruled that the prosecution in Foster's case had illegally discriminated against potential jurors based on race.
According the Miami Herald, a recent raid on a poplar flea market has resulted in 22 people being charged in food stamp fraud. If found guilty for taking what amounts to $13.1 million in government issued food assistance, the arrests would be the largest food stamp fraud case in the country to date.
Recent state court decisions and amendments to the laws surrounding the constitutionality of death penalty sentencing practices in Florida are being challenged by judges in multiple cases. In the most recent development, a Miami-Dade judge found the death penalty to be unconstitutional based on the fact that it does not require unanimity of the jury. Florida Circuit Judge Milton Hirsch put it this way: "A decedent cannot be more or less dead. An expectant mother cannot be more or less pregnant. And a jury cannot be more or less unanimous. Every verdict in every criminal case in Florida requires the concurrence, not of some, not of most, but of all jurors - every single one of them."
Everyone has heard of the Breathalyzer, the device which determines a driver's blood-alcohol level, but new on the driver's stage we have what is known as the "Textalyzer", a tool invented to keep people from texting and driving. Although the invention is still in its early stages, states are beginning to adopt the new technology as a way to prevent traffic accidents and provide incriminating proof of texting while driving should an accident occur.
Earlier this month, the Supreme Court considered the fourth amendment implications of the administration of breathalyzer tests for suspected drunk drivers. While it is true that in all 50 states there are laws which allow a person's driver's license to be revoked if they refuse a breathalyzer, some states, along with the federal government, have additional laws. These laws include criminal punishment and even jail terms for a person who refuses to take a breathalyzer test.