Category: Criminal Law

  • Florida’s Covid-19 State of Emergency

    With hurricanes pounding Florida’s coasts every year, being in a State of Emergency is nothing new for Floridians. But hurricanes are tangible and discreet, their strength can be measured, their potential danger is obvious, and the duration of the emergency can be projected. And it’s because of these tangible characteristics that we rarely question a…

  • Central Florida’s Regressive Prosecutor

    In 2016, Central Florida elected Aramis Ayala as Florida’s first African-American State Attorney. Given her background and the backing of the George Soros funded PAC, Florida Safety & Justice, she was expected to be, and portrayed herself as, a progressive-minded prosecutor dedicated to improving the criminal justice system. Yet, while other progressive-minded prosecutors have embraced…

  • By What Authority: Reassigning State Attorney Ayala’s Cases

    On March 16, 2017, Florida’s Ninth Judicial Circuit State Attorney Aramis Ayala announced she would not seek the death penalty against Markeith Loyd, a man caught on camera executing a helpless police officer. In the process, she also announced she would not seek the death penalty in any murder case. This was notable for many…

  • George Zimmerman’s 10-20-Life Problem

    To many people, there is no middle ground: George Zimmerman will either be convicted of Second Degree Murder or he will be found Not Guilty. But the reality is much more complex, because the jury will have a number of Lesser Included Offenses to choose from. And because of these numerous options, it is not…

  • Don’t Believe Every Tweet You Read

    Because of some erroneous Tweeting going on in the Twitterverse, I keep receiving the following two recurring questions regarding George Zimmerman’s case: Is Aggravated Manslaughter of a Child an available lesser offense; and Does the 10-20-Life firearms enhancement still apply to a Manslaughter charge. The answer to both of these questions is nope. Aggravated Manslaughter…

  • George Zimmerman’s Self Defense Jury Instructions

    For more than a year, supporters of both sides have engaged in endless debate about the wisdom of Florida’s Stand Your Ground law and whether George Zimmerman was lawfully defending himself against Trayvon Martin. And since the trial is near, I have taken the opportunity to provide a model of the Self Defense Instructions that…

  • Authenticating Trayvon Martin’s Digital Records

    Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. – Florida Statute 90.901 A major issue in the George Zimmerman case is whether Trayvon Martin’s cellular phone…

  • What Will George Zimmerman’s Jury Look Like?

    In all criminal prosecutions the accused shall have a speedy and public trial by impartial jury in the county where the crime was committed. – Article 1, Section 16, Florida Constitution For over a year, the issue of race has hung over the George Zimmerman case like a persistent thunderstorm. And while much has been…

  • Moving the Goalposts in the George Zimmerman Trial

    George Zimmerman’s case is scheduled for trial on June 10, 2013. In advance of the trial, his defense team has filed a “Motion for Evidentiary Hearing Regarding Admissibility of Expert Opinion Testimony” because the State is attempting to introduce expert testimony relating to “Speaker Identification” or voiceprint evidence, which suggests George Zimmerman made some rather…

  • Trayvon Martin: Character Evidence or Character Assassination?

    George Zimmerman’s defense team recently filed a Discovery Exhibit indicating they may seek to introduce a litany of unfavorable evidence about Trayvon Martin. Among the items the defense listed was evidence of marijuana use, text messages showing an participation in street fighting, and school disciplinary records. The Martin Family Attorneys Reacts As can be expected,…