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Subjective Entrapment, Hearsay Testimony, and the Confrontation Clause

October 29th, 2018 by

Subjective Entrapment – Legal Framework

Subjective Entrapment, Hearsay Testimony, And The Confrontation ClauseThere are two types of entrapment in Florida: subjective entrapment and objective entrapment.  To determine whether a defendant has a viable objective entrapment defense, courts look solely to the conduct of law enforcement and assess whether the conduct was so egregious it violated the due process rights of the defendant.  But this post does not concern objective entrapment.  Instead, the focus of this article is subjective entrapment. (more…)

Imputing Income for Child Support in Florida

June 14th, 2018 by

Imputing Income on Child Support in FloridaFlorida’s child support statute should be amended to give courts discretion not to impute income to a parent who leaves a high-paying job for a lower-paying job when the change is in the child’s best interests.

Picture it: Mom is a high-earning investment banker. Dad has a high-paying job too, but it doesn’t pay as much as Mom’s. So when they divorce, Mom ends up paying child support to Dad. (more…)

Does the State Need a Certificate of Appealability to Appeal a Habeas Judgement?

May 22nd, 2018 by

Appeal Habeas JudgementAnyone who’s handled a habeas appeal in the federal court system knows you have to obtain a certificate of appealability before appealing a district court’s denial of habeas relief. If the district court denies the request for a certificate of appealability, you have to ask the federal appellate court.  No controversy there.

The more interesting question, however, is whether a state is required to obtain a certificate of appealability before appealing a district court’s grant of habeas relief to the petitioner. (more…)

Should Your Trial Lawyer Handle Your Appeal?

March 7th, 2018 by

So, you’ve been through a difficult trial and now it’s up on appeal.  Or maybe you were bounced out of the trial court via summary judgment or on a motion to dismiss.  Perhaps you won in the trial court and the other side has appealed.

Regardless of how a case arrives in a court of appeals, the first question facing litigants is usually the same: should your trial lawyer handle your appeal. (more…)

Federal Sentencing and the Armed Career Criminal Act (ACCA)

March 5th, 2018 by

There is a practice in federal jurisdictions where sometimes the Government will seek an additional 15-year sentence enhancement for a defendant due to prior convictions under the Armed Career Criminal Act (ACCA).

Yet the Government does not always submit its own verified proof of prior convictions to the court, relying instead exclusively on the Presentencing Report, or PSR, prepared by the United State Probation, not the U.S. prosecuting Attorney. (more…)