Attorney At Law Rex Curry
Frank Herbert Wonschik v. United States
http://www.supremecourtus.gov/docket/03-10249.htm is another recent
case before the United States Supreme Court that questioned the use of the
Pledge of Allegiance to the flag of the United States and whether its use
should occur in court cases in which the government is a party, or even in
the government's schools. The case led to remarkable discoveries concerning
the history of the Pledge of Allegiance.
John Hubert Moll v. Florida http://a257.g.akamaitech.net/7/257/2422/25apr20010800/www.supremecourtus.gov/opinions/boundvolumes/525bv.pdf No. 971904 Petition
for writ of certiorari to the District Court of Appeal of Florida, Fifth
District. Reported below at Moll
v. State, 705 So.2d 604 (Fla. App. 5 Dist., 1997). This case was covered
by the newspaper columnist James J. Kilpatrick who said "The case of John
Hubert Moll involves a question of free speech under the First Amendment.
In 1995, Brevard County adopted an ordinance forbidding public nudity. On
April 14, 1996 Moll went to a public beach, nattily attired in a sign bearing
a political message: 'Vote for Clinton/Gore 96.' He was arrested, fined $50,
and put on six months probation." Moll litigated the issue of constitutional
protection for nudity.
United States v. Anthony Graziano Romano
http://laws.lp.findlaw.com/11th/0011505opn.html an Eleventh Circuit
Court of Appeal victory that received news coverage after the appellate court
publicly chastized the prosecution for violating the defendant's plea agreement
and vacated and remanded the defendant's sentence.
United States v. Richard Earl Cunningham
No. 94-2006; Lower Court Docket No. 87-280-CR-T-1SC; In this victory involving
drug charges, the conviction was vacated and remanded because the defendant
was deprived of trial testimony from a witness in New York.
Curtis Duane Beeson v. Florida
Case No. 97-04486
http://64.233.179.104/search?q=cache:A4ZRzW7qiBwJ:www.jud10.org/2ndDCA/1988/june98/97-04486.htm+%22CURTIS+DUANE+BEESON%22&hl=en
Second Amendment Constitutional rights victory for Defendant after acquittal
in jury trial.
Kelvin
D. White v. Florida http://www.hsmv.state.fl.us/CASES/White2.html Victory with
appellate reversal of trial court where search was illegal because an officer
lacked founded suspicion to stop and search the defendant's vehicle. Private
security officers contacted police when they were suspicious of a vehicle
driving back and forth in front of a closed marina around 3:30 a.m. As the
investigating officer spoke with the guards, she saw the vehicle drive by.
The officer later stopped the vehicle, and a search revealed marijuana and
a firearm. A trial court refused to suppress the evidence but the DCA reversed,
concluding that the totality of the circumstances did not give rise to a
reasonable suspicion that a crime was about to occur.
Donald S. Baldwin v. Florida
Defendant appealed 3 times. http://64.233.179.104/search?q=cache:myxQdQHHLVMJ:www.jud10.org/2ndDCA/1999/sept99/98-02301.htm+%22DONALD+S.+BALDWIN%22&hl=en
Victory gained with a 3 year minimum mandatory sentence stricken from his
sentence.
Tara
Union v. Florida 660 So. 2d 803; 20 Fla. Law W. D 2174, (2d
DCA 1995) The defendant, Tara Union, appealed the denial of her motion to
suppress cocaine found in her purse during the search of a car in which she
was a passenger. The appellate court reversed her conviction because the
state failed to prove that the warrantless search of the car was justified
as either a search incident to arrest or a search based on probable cause.
Curtis Johnson v. Florida http://www.hsmv.state.fl.us/CASES/Johnson1199.html Are cops their
own anonymous tip sources? That is a question that is raised by this case.
Here an officer claimed to receive an anonymous tip and used it as the excuse
to stop and search the defendant. The appellate court reversed holding that
police need more to verify the caller's identity before the anonymous caller
can be considered a citizen-informant to justify the search of someone. The
appellate court concluded that the informant's scant information, without
further verification, was insufficient to provide reasonable suspicion for
the deputy to question Johnson. The court cited the Florida Supreme Court's
1998 decision in J.L. vs. State, which held that innocent detail tips from
anonymous informants must be substantiated in some additional manner. In
this case, the informant was anonymous because the police did not independently
verify his identity after he called, even though he provided his name, address,
and telephone number. Additionally, the deputy testified that he did not
have any independent reason to believe that Johnson was selling drugs. Because
the anonymous informant's assertion that Johnson was selling drugs was not
substantiated in any additional manner before the deputy initiated the search,
he did not have reasonable suspicion of criminal activity to pat down Johnson.
Roger Neeld v. Florida http://www.jud10.org/2ndDCA/1999/feb99/98-02001.htm The defendant
wished to exercise his constitutional right to represent himself in court
against criminal charges. The trial court would not allow it. The appellate
court reversed, allowing the defendant to represent himself.