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Displaying 1 to 7 of 7 articles |
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Articles by Sherron Kaldas |
1. District Court Rules Noise Statute Unconstitutional
March 08, 2013
In the case of State v. Lockett, the Appellate Court granted the prosecution's appeal of the county court's order granting the defendant's Motion to Suppress evidence discovered when defendant's vehicle was stopped for a violation of Florida Statute 316.3045(1)(a). The Appellate Court noted the tria...
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2. 5th District Court of Appeal Overturns Circuit Court Ruling Allowing Request for Writ of Certiorari
February 25, 2013
the administrative hearing officer's order} affirming the defendant's license suspension. In 2010, the defendant was arrested for and charged with DUI. Defendant provided a breath sample on the Intoxilyzer 8000. That specific Intoxilyzer unit was utilizing software version 8100.27. The test result...
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3. Appellate Court Reverses Trial Court Order Denying Defendant's Motion to Suppress A Misdemeanor Not
February 12, 2013
In the case of Jenkins v. State of Florida, the second District Court of Appeal granted the defendant's appeal which challenged defendant's convictions following pleas of guilty to charges of cocaine possession with the intent to sell, possession of drug paraphernalia, as well as altering a license ...
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4. District Court of Appeal Overturns Circuit Court Defendant's Motion for Postconviction Relief in M
January 24, 2013
In the matter of Deras vs State of Florida, the district court overturned the circuit court's order denying the defendant's motion for postconviction relief filed pursuant to FRCP 3.850.
Defendant was arrested for & charged with a single charge of DUI manslaughter and 1 count of leaving an a...
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5. Vehicular Homicide Sentence Reversed Defendant's Sentence Impermissibly Based on Religious Concept
January 19, 2013
In the case ofSantisteban vs. State of Florida, the appellate court} upheld defendant's conviction for the crime vehicular manslaughter and vacated his sentence and remanded the case for resentencing in front of a different judge.
The Defendant was convicted of four counts of vehicular homi...
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6. Circuit Court Required to Correct Written Sentence to Reflect to Prior Orally Pronounced Sentence
January 14, 2013
In the case of Odum v. State of Florida the district court reversed and remanded the lower court's ruling summarily denying defendant's motion for postconviction filed pursuant to Florida Rule of Criminal Procedure 3.850.
The defendant was found guilty of vehicular homicide and reckless driv...
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7. Introduction of DUI Tape Into Evidence Without Officer Testimony Doesn't Violate Sixth Amendment
December 31, 2012
The Sixth Amendment in the United States Constitution is known as the "confrontation clause." The confrontation clause guarantees that in all criminal trials, a defendant shall have the right to confront the witnesses against him. The confrontation clause is limited to testimonial evidence. ...
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