Florida Criminal Defense & DUI News
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Orange County Criminal Defense Lawyer:
The following section contains some of the recent Court opinions
that have occurred in the area of criminal law.   It is important to
note that the law is constantly adapting and changing and that
these changes could have significant affects on your case. Speak
with an experienced criminal defense attorney today to learn more
about how the law affects your individual situation

Recent Court Opinions:  

Arizona v. Gant, 129 S.Ct. 1710 (U.S. 2009) -  In this case, the United Supreme Court ruled that
police may only search the interior passenger compartment of a vehicle incident to a recent
occupant's arrest if it is reasonable to believe that the defendant can access the vehicle at the time
of the search or if it is reasonable to believe that the vehicle contains evidence relevant to the
offense for which the defendant was arrested.  

Hurst v. State, 18 So.3d 975 (Fla. 2009) - In this case, the Court decided that the government’s
obligation to disclose materially favorable evidence extends to both exculpatory and impeachment
evidence.  This includes evidence that is known only to police as well as evidence known to the
prosecutor.  In addition, undisclosed information that is not in itself admissible can still be material if it
would lead to admissible substantive or impeachment evidence.

Jackson v. State¸18 So.3d 1016 (Fla. 2009) - In this case, The Court decided that there is no
reasonable expectation of privacy in a police vehicle or a telephone communication from jail or during
where a warning is issued.  A person must have an actual subjective expectation of privacy which
society must recognize as reasonable In order for a conversation to be protected.

Wright v. State, 19 So.3d 277 (Fla. 2009) - In this case, the Court decided that the defendants prior
conduct is not admissible in the following situation.  Where there is a clear break between the prior
conduct and the conduct charged or the prior conduct is not necessary to describe the charged
conduct and the evidence of the prior conduct would unfairly prejudice the jury versus any probative
value it may have.  

Spicer v. State, 22 So.3d 706 (Fla. 5th DCA 2009) - In this case, the Court decided that raising self
defense does not shift the burden of proof to the defendant and that the State still has to prove
beyond a reasonable doubt that the defendant did not act in self defense.

Kramer v. State¸15 So.3d 790 (Fla. 5th DCA 2009) - In this case, the Court decided that a
consensual encounter between an officer and the defendant became an investigatory stop when
deputy ordered defendant who was chewing something to open his mouth.

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For more information,
Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation.  The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orange County Criminal Defense Lawyer & Orlando DUI Attorney
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Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
Call Today: (407) 648-5255