A very recent opinion from the Third District Court of Appeals merits some discussion. The court has ruled that the rules governing discovery in criminal cases require strict compliance (this case involved Florida’s Rules of Juvenile Procedures but the Criminal Rule...
In March of this year, in a blow to common sense and an ode to splitting hairs, the Florida Supreme Court issued an opinion in the case of Pantoja v. State, (Florida Supreme Court No. SC08-1879 March 3, 2011). In doing so the Court has really muddied in the waters on...
It should come as no surprise that I believe that government is, by its very nature, tyrannical and that the fact that those in power happen to be popularly elected presents little safeguard from government’s tyrannical tendencies. So if having popularly elected...
To really appreciate the measure of intellectual dishonesty employed by the United States Supreme Court in its February 12, 2011 opinion, Michigan v. Bryant, 562 U.S. ____ (2011), one need not take my word for it; all that is needed is a cursory review of Justice...
Lawyers often hire other professionals – CPAs, psychologists, trial consultants, to name a few – expecting that notes and other records generated by those professional are protected, but this is not necessarily true. The Ninth Circuit recently found that the...
