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Category Archives: Florida Appellate Courts

The State Of Florida and Local Municipalities Are Contracting Away Floridian’s Constitutional Rights!

The State of Florida along with local Municipalities are contracting away many of Floridian’s valuable rights with big business. Local municipalities are giving away our rights to big business for the mighty dollar that is promised through fines, court costs and surcharges, when those fees are levied on Florida’s Drivers for “Red-Light” photo violations. In Palm Beach County, Florida “red-light” camera infractions are No More! The Fourth District Court of Appeals just held that Red Light Camera violations are unconstitutional as the local municipalities throughout Palm Beach County, Florida like West Palm Beach; Lake Worth, Delray Beach, Boynton Beach, Boca Raton, Jupiter, North Palm Beach, Royal Palm Beach and all others are not authorized under the Florida Constitution to delegate its police power’s to Private Vendors! See City of Hollywood… […]

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Expert Witness Controversy in Florida Criminal Trials

The Florida Appellate Courts and the Florida Supreme Court have tightened the screw on many Circuit and County Court judges, along with ill-advised Assistant State Attorneys, when the issue is brought to their attention that prosecutors are relying on expert witnesses that are neither listed in their discovery as experts nor do not qualify as experts. This issue of non-experts testifying falsely through their testimony at trial, with the Judge’s blessing who declared them as experts in the first place, allows in many instances the prosecutor to prove their case in chief that many times they would not otherwise be able to show. Again, the normal matriculation from Assistant State Attorney to judge is the major reason why these horrible errors occur; that allow a departure from the essential foundation… […]

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Stand Your Ground Expanded In Florida

Stand your ground takes another step up, as the Appellate court holds that a Floridian has no duty to retreat under Stand Your Ground Laws. Whether or not the shooter was engaged in unlawful activity at time of the shooting, does not matter, wherein Stand Your Ground law contains no requirement that the person claiming protection under the statute not be engaged in “unlawful activity.” This body of law arose out of the opinion of State of Florida v. John Dorsey, — So.3d —-, 2014 WL 4996171 (4th DCA Fla2014); a Palm Beach County Case, where trial Judge Charles Burton unlawfully charged the jury, thereby taking away the rights of Mr. Dorsey guaranteed to him by the Second Amendment of the United States Constitution, Article I, Section 8, of the… […]

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