Mark Horwitz recently had the privilege of representing William Escobar who was a member of the Orlando Police Department. Last year he was accused of brutalizing a person he had just arrested. After the release of a video showing the incident Mr. Escobar was charged with 2 counts of battery and 2 counts of perjury for his police report. This video depicted only a few seconds of the entire
Evidence
U.S. Supreme Court grants stay in DNA evidence collection case
In an opinion authored by Chief Justice John Roberts, the U.S. Supreme Court recently granted a stay in a rape case involving issues of DNA evidence. The stay was based on the likelihood that the Supreme Court will ultimately review the case to decide the constitutionality of state collection of genetic evidence from people who have not been convicted of crimes. The case involves a Maryland man
Court Enforces Confrontation Clause in Bullcoming v. New Mexico
This summer, the U.S. Supreme Court decided Bullcoming v. New Mexico, the latest of a series in cases dealing with the Confrontation Clause of the Sixth Amendment. By a 5-4 vote, the Court held in Bullcomingthat it is a Confrontation Clause violation to admit a forensic lab report into evidence that includes testimonial assertions through the in-court testimony of an analyst who did not sign the
“Opening the Door Theory” to Improper Evidence Rejected
In Redd v. State, 49 So. 3d 329 (Fla. 1st DCA 2010), the defendant was convicted of trafficking in cocaine when police found cocaine in three locations in his house. In reversing the conviction, the court set forth an analysis of the prosecution's often used argument that the Defendant "opened the door" to otherwise inadmissible evidence. A bag containing cocaine was in plain view inside an
Using Inconsistent Prior Statements to Discredit a Witness
Discrediting a witness with a prior inconsistent statement is an important tool in defending a criminal case. Impeachment however, must be done correctly or the defense may not be allowed to put the prior inconsistent statement before the jury. The case of Barnett v. State, 35 Fla. L. Weekly D2269b (Fla. 3d DCA October 13, 2010) is an example of a conviction that might not have occurred had the
Expert Testimony, While Often Helpful, Can Be Wrong And Lead To The Conviction
Expert Testimony, While Often Helpful, Can Be Wrong And Lead To The Conviction Of An Innocent Person. Defense Attorneys Should Be Vigilant To Prevent Experts From Improperly Testifying That Other Experts Agree With His Conclusion The case of Telfort v. State, 978 So. 2d 225 (Fla. 4th DCA 2008) involved the reversal of a conviction for home burglary based upon the improper admission of the