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TAMPA CRIMINAL LAWYER BLOG

Court in Florida Hears Appeal About Whether Defendant Should Have Been Allowed to Represent Himself

by Hanlon Law

In the United States, criminal defendants do have the right to defend themselves. However, a United State Supreme Court case called Faretta clarified that a defendant’s waiver of counsel is only valid as long as it is knowingly and intelligently made. Essentially, a defendant needs to be competent enough to understand the ramifications of their actions. While...

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Posted in: Murder, Violent Crime

Jailhouse Confessional Means Overturned Conviction in Florida Murder Case

by Hanlon Law

Witness testimony can make or break a criminal case, whether it’s jay walking or manslaughter. In a recent case out of Florida’s Second District Court of Appeal, the court looked at a supposed jailhouse confession that seemed to exonerate a man who had already been convicted of murder.The defendant was convicted for his alleged role in the...

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Posted in: Murder, Violent Crime

Juvenile’s Conviction Overturned on Appeal After Florida Court Rules that Prosecution Failed to Present Evidence on an Element of Assault

by Hanlon Law

At trial, the prosecution is required to prove, beyond a reasonable doubt, all of the elements of the crime charged against the defendant. A Fourth District Court of Appeals decision, J.S., a Child v. State of Florida, analyzed whether the prosecution had met its burden of proof in convicting a juvenile of a Florida assault crime. In...

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Posted in: Violent Crime

Florida Appeals Court Rules on Statutory Prohibition of “Engaging in a Criminal Activity” under State’s Stand Your Ground Law

by Hanlon Law

Florida’s Stand Your Ground law gives criminal defendants immunity against prosecution if they meet the following three elements:  the use of deadly force was (i) reasonable because deadly force was necessary to prevent imminent death or great bodily harm to the defendant or to prevent the commission of a forcible felony; (ii) used while the...

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Posted in: Defenses, Violent Crime

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