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Articles Posted in Evidence

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Jose Ferrer v. State: Jacksonville Consent, Search, and Seizure

The 2nd DCA recently heard the case of Jose Ferrer v. State of Florida over the issue of whether the Defendant’s consent to enter the gate of his property and to talk about criminal activity permitted the Officers to walk behind the house, up the stairs, and therefore smelling marijuana.…

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District Appellate Court Reverses Case Where Defendant was Overcharged

Recently, the First District Court of Appeals heard a case overcharging a defendant. Colbert v. State, 37 Fla. L. Weekly D264a (Fla. 1st DCA 2012). In Colbert, Harley Colbert was charged with burglary to a dwelling. He was accused of stealing a bicycle from the outside of Alejandro Rojas’ home.…

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Teen Breaks into Home, Charged with Burglary

Recently Clay County Police arrested a young Jacksonville resident for allegedly breaking into another Police officer’s home on Sunday morning. According to reports, Jarvis Guthrie, broke into the officer’s home and had to be physically restrained until police were able to arrive and take the young man into custody. He…

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Truck Driver Murdered over Jealousy Trial Begins

The trial for Colavito Bell began yesterday in Duval County Court. According to opening statements by the Assistant State Attorney which claimed Bell shot Christopher Oney, the victim, because he was jealous that he was getting more work than himself. The Defense Attorney, in contrast, stated Lyn Ragan, fiancé of…

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What is corpus delicti and what is required to establish corpus delicti?

Anyone who has watched crime dramas on TV or heard a Jacksonville Criminal Defense Lawyer speak have heard a multitude of Latin words throughout their discussions, but some are not always completely understood. One such word is “corpus delicti.” Corpus delicti generally means the physical evidence of a crime, (i.e.…

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Can Consent to Search overcome an Illegal initial Search?

In a recent case, Rozzo v. State of Florida, the 4th District Court heard an appeal from the Circuit Court for the 17th Judicial Circuit in Broward County. The issue presented before the court was whether the consent given by the homeowners after and unlawful warrantless entry and protective sweep…

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