Attorney At Law Rex Curry
Frank Herbert Wonschik v. United States
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://www.supremecourtus.gov/opinions/boundvolumes/525bv.pdf at page 817
re: 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.
And another victory by Dr. Curry in the Eleventh Circuit Court of Appeals. http://rexcurry.net/romanoappeal.html
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.
http://rexcurry.net/lawcunningham.html
Curtis Duane Beeson v. Florida
Case No. 97-04486 LAWYERS, GUNS (& MONEY) - gun returned
after illegal carry charge is defeated. http://rexcurry.net/gunbeeson.html
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. DRUGS,
GUNS & BAD POLICE SEARCHES - another victory
for liberty & peaceful conduct. http://rexcurry.net/lawWhite.html
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.
BALDWIN v. FLORIDA
- another 3 year minimum mandatory gun sentence is
stricken. http://rexcurry.net/lawbaldwin.html
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.
PEACEFUL COCAINE
SALE WITH BAD PURSE SEARCH - lady is free to go.
http://rexcurry.net/law%20graphics/tara.html
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.
COPS: THEIR OWN ANONYMOUS TIP SOURCES? - not
in this cocaine case. http://rexcurry.net/lawJohnson.html
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.
SELF-REPRESENTATION IN COURT - a lawyer preserves
the right to be lawyerless. http://rexcurry.net/lawNeeld.htm
ORJALES v. FLORIDA - a 3 year minimum mandatory gun
sentence is overturned. http://rexcurry.net/laworjales.html
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=fl&vol=2D98-3990&invol=1