Murder

June 7, 2010

Reversal of Jacksonville Juvenile’s Life Sentence Leads to California Senate Bill

Recently, the United States Supreme Court reversed the Jacksonville Juvenile Criminal Case of Graham v. Florida. The Court reversed the case ruling that the Jacksonville Juvenile Court violated the 8th Amendment of the United States Constitution when it sentenced a juvenile to life in prison without the possibility of parole in a non-homide case.

California has taken the reasoning of Graham v. Florida a step further. The state enacted Senate Bill 399 which allows all juveniles to be eligible for parole, even those convicted of murder. Support for this Bill is based upon extensive research that supports the premise that children and teenagers differ from adults in their abilities to reason and control impulses. Additionally, they have a greater potential to be rehabilitated and reformed.

If Florida were to enact a similar law, it could effect many incarcerated juveniles currently serving life sentences without the possibility of parole in Florida State Prison. For example, Joshua Phillips is serving a life sentence without parole. His Jacksonville Juvenile Case is going through the appellate process at this time. If a law prohibiting such a sentence is enacted, his sentence could be reversed on appeal.

June 3, 2010

Florida Criminal Case Overturned Due to Improper Police Conduct and Interrogation

by David M. Goldman

The Florida Supreme Court overturned Blaine Ross’ murder conviction and remanded it back to the lower court for a new trial (

Ross v. Florida). Mr. Ross was sentenced to death after a jury convicted him of Florida first-degree murder of his parents. Among the evidence presented at trial, Florida prosecutors submitted Mr. Ross’ confession to the jury, which Manatee County detectives obtained through a police interrogation. Detectives vigorously questioned Mr. Ross and did not read Mr. Ross his Miranda rights until later in the interrogation. This Florida Police Department’s actions arose to improper police conduct, which resulted in an involuntary confession. As such, the confession should not have been admitted in Mr. Ross’ Florida Murder Trial.

Mr. Ross will stand trail again, but the trial court judge will not be admitting the confession into evidence. Without the confession, the State of Florida will need to rely on other evidence to obtain a Florida murder conviction. This could be the difference between a guilty and not guilty verdict. Therefore, it is important for a Florida Criminal Lawyer to make sure that police gave proper Miranda warnings in a criminal case involving a confession.

May 3, 2010

Jacksonville Homicide Attorney: Jacksonville Man Charged with Second Degree Murder

by David M. Goldman

On April 30, 2010, Donte Lorenzo Dawson was arrested for second degree murder in Jacksonville, Duval County, Florida. The next day, he was declared indigent and the Office of the Public Defender was appointed to represent him. Mr. Dawson was not given a bond. According to the the State of Florida’s Motion to Set Bond, the Assistant State Attorney made a recommendation that the Mr. Dawson be held without bond.

Pursuant to Rule 3.131 of the Florida Rules of Criminal Procedure, “unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.”

In Jacksonville, Florida, Second degree murder is a first degree felony punishable by life imprisonment. However, the State of Florida still needs to establish that “proof of guilt is evidence or the presumption is great” before Mr. Dawson’s bond can be set at none. Therefore, Mr. Dawson’s Jacksonville Homicide Attorney can file a motion for bond in this case to ask the court to set a bond and present evidence in Mr. Dawson’s favor.

February 3, 2010

Criminal Lawyers in Jacksonville Learn From Jacksonville Criminal Cases of the Past

by David M. Goldman

Criminal Lawyers in Jacksonville should tune into E! Television Network to watch “E! Original Countdowns: Too Young to Kill: 15 Shocking Crimes” which premiers tonight at 9:00 P.M. and will run through out the week. As indicated by the title, the show will cover fifteen juvenile criminal cases from across the nation. The murder of Maddie Clifton should be of particular interest to Criminal Lawyers in Jacksonville since it was one of the most highly publicized murders in Jacksonville’s history. Joshua Phillips, the defendant in this case, is a Jacksonville resident and is currently serving a life sentence in Florida State Prison after his conviction for the first-degree murder of Maddie Clifton.

I had the opportunity to speak with Joshua Phillips’ mother. She informed me that his case is still moving through the Florida appellate courts. She advised me that several mistakes were made at the trial level of this case. As such, it is important for Jacksonville Criminal Lawyers to follow this case, so we can learn from the mistakes of other Jacksonville criminal defense attorneys. Additionally, the Joshua Phillips/Maddie Clifton Jacksonville Murder Case deals with the sentencing of juveniles to life without parole, which is an important issue in Jacksonville, Florida.

January 6, 2010

Florida Jurors are Permitted to Ask Questions in Florida Criminal Jury Trial

by David M. Goldman

The Florida Supreme Court recently made changes in the law which allow jurors to take notes and question witnesses in civil cases. As for criminal cases, the judge presiding over the case may decide whether or not to permit such questioning. Some Florida judges permit this type of questioning routinely. For instance, Judge Michael Andrews is the judge presiding over the Diullio murder trial in New Port Richey, Florida. He allowed jurors to ask questions during the trial. The questions were submitted to the judge in writing to determine if the questions may be asked. For example, while a jurors were permitted to ask what clothing Diullio and his co-defendants were wearing on the night of the murder, they were not permitted to ask whether Diullio had a criminal record. The reason this question was not asked is because it violates the Florida Rules of Evidence. Therefore, Florida jurors may not ask a question that an attorney would not be permitted to ask.

Some Florida judges do not allow jurors to ask questions in criminal cases. Circuit Court Judge, Pat Siracusa, does not permit such questioning. She believes that it is the prosecutors burden to prove the case. When jurors ask questions, they leave their role of the neutral fact-finder and become investigators.

To learn more about John Ditullio’s murder trial, visit www.tampabay.com. If you have questions about a Florida Criminal Case, contact a Jacksonville Criminal Attorney.

December 23, 2009

Jacksonville Home Invasion Armed Robbery Investigation Leads to Two Arrests

by David M. Goldman

On Saturday night, December 19, 2009, Jacksonville police officers found Jacksonville resident, Corey Formey, dead in his home near 103rd Street. Two suspects have been arrested in connection with this case. Jerry Drake was arrested for the murder, while Valorie Grant is being charged as an accessory after the fact. Both defendants lived in Chase Ridge Apartments, the same apartment complex as Mr. Formey.

Police believe that the Mr. Drake committed the Jacksonville home invasion armed robbery in order to obtain drugs and money. According to Jacksonville media reports, Mr. Formey was a drug dealer. His apartment was found in disarray, so it is likely that a struggle may have occurred, or the culprit searched the home for drugs and money.

Mr. Drake will be charged with first degree murder in Jacksonville, Florida, because the murder was committed while engaged in a robbery. According to Florida Statute Section 782.04, this is a capital felony punishable by death or life in prison. If Mr. Drake used of a firearm, he will be subject to Florida’s 10-20-Life Statute, resulting in a minimum mandatory sentence of life in prison. Since Ms. Grant is charged an accessory after the fact for first-degree murder, she will be charged with a first-degree felony, pursuant to Florida Statute Section 777.03. She can receive up to thirty years in Florida State Prison.

December 3, 2009

Jacksonville Juvenile to Face Criminal Charges for Downtown Shooting

by David M. Goldman

Jacksonville Juvenile, Quintavis Seay, is only 16-years-old and charged with the homicide of a 20-year-old Jacksonville man, Jeremy Godboldt. According to local reports, Seay was involved in a physical altercation with Godboldt and his brothers. At some point, Seay allegedly shot Godboldt, who was later pronounced dead at the hospital.

Seay will likely be charged as an adult. If he is charged with murder, he could face life in prison without parole, despite his age. Since the shooting death stemmed from a fight between the alleged victim (Godboldt) and the Jacksonville criminal defendant (Seay), I would not be surprised to see Seay’s Jacksonville Criminal Defense Lawyer argue that Seay acted in self-defense. This is even more plausible considering that Godboldt’s two brothers may have assisted him in the fight. Also, reports state that “the fight that led to Godboldt’s death was part of an ongoing dispute between him and Seay.” Therefore, we need to look at all the evidence, including prior contact between these two people, to see if Seay acted reasonably under the circumstances.

August 20, 2009

Jacksonville Juvenile Sentenced to Life in Prison 10 Years Ago

by David M. Goldman

Jacksonville Juvenile, Joshua Phillips, was sentenced to life in Florida State Prison approximately 10 years, but he has spent in the past eleven years in custody for the murder of Maddie Clifton. At the time of the Jacksonville homicide, Joshua was only 14 years old, and Maddie was 8 years old. Due to the circumstances surrounding the crime, the presiding Duval County Florida judge sentenced Joshua to life without parole, the harshest sentence available to juveniles of that age.

Many Jacksonville Florida residents have a strong opinion one way or another about this case. Some follow the “eye for an eye” theory. They believe that Joshua should not be given a second chance, because Maddie cannot have a second chance. This theory concentrates more on retribution than on rehabilitation. Perhaps, the belief revolves around the idea that a person that commits a certain type of crime is beyond rehabilitation, no matter the age of the offender.

On the other hand, others believe that Joshua should have the opportunity to present evidence to a parole board in order to determine if he has been sufficiently rehabilitated to reenter society. In fact, the Juvenile Justice Accountability and Improvement Act, H.R. 2289, is a congressional bill that is pending regarding this matter. H. R. 2289 would allow Jacksonville Juvenile Defendants, such as Joshua, to go before the parole board. Those that support this act believe that juveniles should not be treated as adults. This theory is premised on the research that has established that juveniles’ brains are not fully developed. Therefore, they cannot be held to the same standard as adults. Visit freejosh.com for more information.

August 13, 2009

North Florida Jury Convicts Teen of Murder After Hearing Her Confession

by David M. Goldman

In Putnam County, Florida, a 16-year-old girl was conviction of murder, burglary, and assault. While in police custody, the Florida teen confessed to helping her boyfriend kill the disable 66-year-old man. It took the jury only two hours to find her guilty.

Confessions can be devastating to a criminal case. In most instances, the defendant is lured into the confession. Often, a police officer states that the defendant is only helping herself by speaking with him, but this is far from the truth. Any one that is charged with a crime, should exercise their right to remain silent and have an attorney present for questioning. If a defendant wants to answer and officer’s questions, she should have an attorney in the room when doing so. Police officers have experience in interrogating suspects, whereas most suspects do not have experience in this area. Thus, the playing field is not level. In order to keep things fair, an attorney should be there to advise the defendant.

As a Jacksonville criminal defense lawyer, I have represented many clients that had great cases until I received a copy of the confession. In some cases, I was able to get the confession suppressed, so the jury never gets to hear it. However, this does not happen in all cases. The moral of the story… when an police office says “you have the right to remain silent,” do not talk. If you still have the desire to speak with the officer, tell him that you will speak to him, but you would like to have an attorney present. If he does not want to talk to you after that, then he has something to hide.

May 8, 2009

Innocent Man Released After Intense Investigation

by David M. Goldman

“Thirty-year-old convicted murderer, Thaddeus Jimenez, was released from prison after serving only sixteen years on a fifty-year prison sentence.” When people here something like this, they can’t believe it. Why are we letting violent criminals out of prison? The answer: he is innocent. That being said, let’s rephrase the headline: “Wrongfully convicted man is exonerated after serving sixteen years in prison for a murder that he did not commit.” Mr. Jimenez was arrested for the murder at age 13 and spent the last 16 years trying to prove his innocence.

How does this happen? The facts did not change. Mr. Jimenez did not jump into a time machine and stop the murder from occurring. The reason this case was overturned was due to the hard work of many criminal defense attorneys. Criminal defense attorneys that dedicated many hours to further investigating this case, so they would be able to support a motion to vacate the conviction. After several years, these attorneys were able to succeed.

While Mr. Jimenez has been vindicated, there is one thing that he can never get back. The 16 years of incarceration he has served. The time away from his family and society. The lost of education and experience. When Mr. Jimenez was incarcerated, cell phones were not the norm, self-check out at the grocery store did not exist, and “who is this Britney Spears?” He has to learn about a new culture and changed society.