As a Jacksonville Criminal Defense Lawyer, I have represented juveniles that were questioned by police officers in their schools. Recently, in a 5-4 ruling, the United States Supreme Court addressed this issue. For the first time, the Court ruled that children questioned by police in school must be given Miranda rights before questioning. The Supreme Court released its decision in In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), on June 16, 2011 (See United State Supreme Court Rules that Juvenile Criminal Defendant’s Constitutional Rights Were Violated by a Jacksonville Criminal Defense Lawyer).
Public Backlash in Casey Anthony’s Florida Criminal Case Results in Judge Declining to Release Jurors’ Names
The Florida criminal jury verdict of not guilty in Casey Anthony’s case led to public outcry and outrage. This could be seen in protests, blogging, and postings on social media websites. Reporters have asked Judge Perry, the Florida Criminal Judge that presided over the trial, to release the names of jurors that decided this Florida criminal case. Although, Judge Perry usually will release the names of jurors, he refused to in this case, because of the threats that have surfaced and the public anger. According to the Florida Times-Union, “he said he doesn’t want public reaction to translate into harm for people who ‘don’t have a choice about serving on a jury.'”
Jacksonville Criminal Lawyer Submits Rejected Guilty Plea to Jacksonville Felony Court
Thomas Brown’s Jacksonville Criminal Lawyer submitted mitigating evidence to Judge Elizabeth Senterfitt for Brown’s sentencing hearing.
“Assistant Public Defender Fred Gazaleh entered Brown’s rejected plea form and a stack of psychological records into evidence Tuesday as the case approaches a September sentencing. The evidence will be used to argue that Brown, 29, was a troubled man who snapped when he killed Juanese Miller, 22, at a Wendy’s restaurant on St. Johns Bluff Road in June 2009 but that he has since accepted responsibility.” (Jacksonville.com)
The Jacksonville criminal jury returned a 7 to 5 recommendation in favor of the death sentence. However, the Jacksonville criminal sentence will be up to the judge. She will decide if he serves life in prison or is sentenced to death. The sentencing will occur in September.
Florida Jury Renders a Verdict in the Florida Criminal Trial of Casey Anthony
At approximately 2:15 p.m. today, a Florida jury gave it’s verdict in the highly publicized Florida murder trial of criminal defendant, Casey Anthony. She was charged with the following seven counts:
- First-degree Murder (Florida Statute Section 783.04(1)(a)(1));
- Aggravated Child Abuse (Florida Statute Section 827.03(2));
- Aggravated Manslaughter of a Child (Florida Statute Section 782.07(3) and 827.0393); and
- Four Counts of Giving False Information to Law Enforcement Officers (Florida Statute Section 837.055).
She was only found guilty of counts four through seven, giving false information to law enforcements officers in Florida. This is a Florida first-degree misdemeanor which is punishable by up to one year in jail for each count. Her sentencing hearing will begin this Thursday. At this hearing, the Florida Criminal Defense Lawyers will present mitigating evidence while the prosecution will present aggravating circumstances.
Jacksonville Penalty Phase of Jacksonville Shooting Murder Criminal Case Results in Death Recommendation
A Jacksonville Criminal Jury of twelve (12) people recommended death to the Jacksonville Criminal Defendant, Thomas Brown, after being convicted of the murder of his co-worker. The jury voted 7 to 5, in favor of the death penalty for Mr. Brown. The Jacksonville Criminal Defense Attorneys of the Office of the Public Defender for Duval County submitted evidence to the jury that Brown was not a cold-blooded killer. They submitted that Brown was “disturbed man whose troubles began at a young age with a dismissive mother who regarded him as little more than a means to a welfare check. A lack of self-esteem spiraled into multiple personalities and spurts of violence that landed him in therapy about age 5 after he stabbed his sister.”
However, the Jacksonville Assistant State Attorney “stressed to the jury that the shooting came in retaliation after Brown had been sent home from work” and “his temper grew murderous and led to Miller’s death, all the more reason he should pay for her life with his own.” (Jacksonville.com)
See Jacksonville Criminal Lawyer Submits Rejected Guilty Plea to Jacksonville Felony Court by a Jacksonville Criminal Defense Lawyer.
Jacksonville Man Found Guilty of Murder for Shooting Fellow Restaurant Worker
After waiting in custody at the Jacksonville, Duval County Jail, Thomas Brown stood trial for first-degree murder of his Wendy’s co-worker (Duval County Case Number 16-2009-CF-008160-AXXX-MA) (See also, Jacksonville Felon Charged With Shooting and Killing Co-Worker at Jacksonville Restaurant). On May 23, 2011, the Jacksonville State Attorney’s Office and Brown’s Jacksonville Criminal Defense Lawyers, provided by the Duval County Public Defender’s Office, selected the jury that would preside over this Jacksonville felony criminal case. On May 25, 2011, the Jacksonville criminal lawyers tried the case, and the jury returned a guilty verdict. Since this case is a first-degree murder, death penalty charge, the jury was required to return for the sentencing phase to vote on the death penalty (Jacksonville.com). The minimum sentence available for first-degree murder is life in Florida State Prison.
Jacksonville Felon Charged With Shooting and Killing Co-Worker at Jacksonville Restaurant
Approximately two years ago, a Jacksonville felon was charged with the shooting death of his co-worker at a Jacksonville Wendy’s. Thomas Theo Brown was accused of shooting Juanese Miller. Witnesses to this Jacksonville crime stated that he (Brown) left the restaurant angry and later returned with a gun and a planing to kill someone. When he returned to the store, he sought out Miller (Jacksonville.com) and shot her. This led to the charge of Jacksonville murder in the first-degree. On May 25, 2011, he was tried and convicted of the crime in Jacksonville, Florida
See Jacksonville Man Found Guilty of Murder for Shooting Fellow Restaurant Worker by a Jacksonville Criminal Defense Lawyer.
Duval County Court Judge to Fill Jacksonville Criminal Circuit Court Judicial Vacancy
After the Honorable Judge Jefferson Morrow passed away, a Jacksonville judicial post was left vacant. During that time period, Duval County judges, Charles Cofer and Russell Healey, were covering Judge Morrow’s criminal proceedings, including several types of Jacksonville felony cases. In the meantime, Governor Rick Scott was attempting to appoint a judge to Judge Morrow’s position. Twenty-four applicants applied for this Jacksonville Criminal Circuit Court Judicial Vacancy. Jacksonville Judge, Kevin Blasz, received the appointment. Since 2006, he has been presiding over Jacksonville misdemeanor and criminal traffic cases. Now, he will be presiding over Jacksonville felony proceedings.
Florida Supreme Court Reverses Florida Kidnapping Case
On May 26, 2011, the Florida Supreme Court reversed the Florida Third District Court of Appeals and the trial court for a forcible felony kidnapping conviction. In this Florida kidnapping case, Delgado stood trial for burglary of an occupied conveyance, grand theft of an automobile, and kidnapping. After the jury convicted him of all three crimes, “he received a thirty-year sentence for the burglary of an occupied conveyance, a ten-year sentence for the auto theft, and a life sentence for the kidnapping.” Delgado v. Florida, 36 Fla. L. Weekly S220c (2011).
In this case, Delgado was accused of stealing a vehicle in which a two-year-old child was asleep in the backseat. Because the child was in the back seat of the vehicle, he was convicted of the burglary to an occupied conveyance (a motor vehicle is a conveyance and the child occupied it). The issue in this Florida kidnapping case is whether the evidence supported a conviction for kidnapping which resulted in a life sentence. Since the State Attorney did not “produce sufficient evidence demonstrating Delgado’s awareness of the victim before or during his execution of the underlying felony, critical statutory requirements for the kidnapping offense were not satisfied.” Therefore, his conviction was unsupported and could not stand.
If you are accused of kidnapping in St. Johns, Clay, or Duval County Florida, contact a Jacksonville Kidnapping Lawyer to discuss your criminal case.
Florida Supreme Court Uses the Faison Test for Florida Kidnapping Charges
The Florida Supreme Court has set forth a three-part test to determine whether a defendant’s conduct amounts to a confinement crime under section 787.01(1)(a)(2) distinct from other criminal charges involving forcible felonies. Delgado v. State, 36 Fla. L. Weekly S220c (2011) (See Faison v. State, 426 So. 2d 963 (Fla. 1983)). Under the Faison Test, “if a taking or confinement is alleged to have been done to facilitate the commission of another crime, to be kidnapping the resulting movement or confinement:
“(a) Must not be slight, inconsequential and merely incidental to the other crime;
(b) Must not be of the kind inherent in the nature of the other crime; and (c) Must have some significance independent of the other crime in that it makes the other crime substantially easier of commission or substantially lessens the risk of detection.”