In Florida, prisoners sentenced to death often attempt to raise postconviction claims based on newly discovered evidence or alleged constitutional violations. However, courts closely scrutinize such filings, particularly when a defendant files successive motions decades after conviction. A recent decision by a Florida court illustrates how difficult it can be…
While a person charged with a crime does not have to offer evidence in their defense at trial, it would be prudent to introduce any information that may exonerate them. Generally, all evidence must be exchanged prior to trial, and if a party fails to introduce evidence, they waive the…
In Florida, the State generally cannot conduct a criminal trial unless the defendant is deemed mentally competent to proceed. As such, if a court fails to accurately assess whether a defendant has the mental capacity to participate in a fair trial and the defendant is ultimately convicted, the defendant may…
There are numerous defenses and arguments a criminal defendant may be able to set forth to avoid a conviction or a severe sentence. As explained in a recent Florida case in which the defendant was convicted of numerous violent crimes, including first-degree murder, most defenses cannot be argued retroactively, however.…