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
Second Amendment Constitutional rights victory for Defendant after acquittal in jury trial.
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://220.127.116.11/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
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.
SALE WITH BAD PURSE SEARCH - lady is free to go.
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