On October 24, the Attorney General filed a petition with the Florida Supreme Court to determine the validity of a proposed constitutional amendment that would legalize marijuana. The case is In re: People United for Medical Marijuana (SC13-2006). The Attorney
State Must Usually Test Seized Drugs Individually In Order to Charge Possession of Maximum Amount
By Scott Kalish Recently the Supreme Court of Florida released its opinion on Greenwade v. State (SC12-598), which involved the issue of “whether the trial court erred by denying…[defendant’s] motion for acquittal on [a] trafficking charge because the State had
Florida Supreme Court Rules on “Reasonable Suspicion” Standard for Investigatory Stops Against Suspected Firearm Carriers
By Herron Bond In Mackey v. State (SC12-573), the Florida Supreme Court considered the circumstances under which a police officer is permitted to conduct an investigatory stop based on a belief that someone is carrying a concealed firearm. The Court
Florida Supreme Court to Rule on the Constitutionality of Law Enforcement’s Use of Cell Data to Track Suspects
By Scott Kalish In Tracey v. State of Florida (SC11-2254), argued last Monday, the Supreme Court was presented with the issue of whether the 4th amendment prohibits the government from using an individual’s cellphone data given by their service provider
Florida Supreme Court Affirms Right to Bond for Juveniles Charged with Non-homicide Life Felonies
By Herron Bond In Treacy v. Lamberti (SC12-647), the Florida Supreme Court considered whether a juvenile charged as an adult with attempted premeditated murder in the first degree is guaranteed a right to pretrial release under the Florida Constitution. The
Florida Supreme Court Considers Proposed Advisory Opinion Clarifying Unauthorized Practice of Law for Community Association Managers
By Herron Bond Pending before the Florida Supreme Court is the Florida Bar’s Proposed Advisory Opinion In Re: Activities of Community Association Managers (SC13-889) clarifying whether certain functions performed by community association managers (CAMs) constitute the unauthorized practice of law.
Supreme Court Rules on the Validity of a Juror’s Recantation of Bias During Voir Dire
By Scott Kalish Last Thursday the Supreme Court decided Matarranz v. State of Florida, on appeal from the Third DCA, which centered on whether a trial court erred when it denied the defendant’s motion to strike a juror for cause