Articles Posted in Homicide

State v. Jackson (December 2025) confirms that “surface skills” like using a phone or driving do not disprove intellectual disability—courts must examine the full picture of adaptive deficits ✓ CONSTITUTIONAL PROTECTION: ATKINS V. VIRGINIA (2002) The U.S. Supreme Court ruled that executing intellectually disabled individuals violates the Eighth Amendment’s prohibition against cruel and unusual punishment.…

Identifying the Exact Gun Model to Break the Prosecution’s Nexus In a homicide case, prosecutors love to show the jury photographs of the defendant holding a gun. After all, such images create a powerful visual association: this person had a gun, and someone died from a gunshot. However, for such evidence to be admissible, the…

How an Accident Reconstructionist and ASE-Certified Mechanic Proved a Stuck Accelerator When a high-speed crash kills a passenger, prosecutors typically assume the driver is at fault. After all, they look at the speed, the damage, and the witness statements—and then they charge vehicular homicide. However, sometimes the driver is not at fault. In certain cases,…

How a Data Recovery Expert Proved Police Mishandled Video Evidence in a Murder Case Not every forensic expert finds evidence that helps the defense. Sometimes, the most powerful testimony is proving that evidence was destroyed—and that the destruction was the state’s fault. When police mishandle evidence, the jury does not get to see what that…

How the Right Expert Exposed Fatal Flaws in the State’s Theory When prosecutors charge someone with murder based on medical evidence, they rely on state experts—medical examiners, Child Protection Team doctors, and forensic analysts. These experts shape the entire case. And when they get it wrong, the consequences can be catastrophic. In this case, my…

What an Honest Criminal Defense Attorney Will Tell You About Experts and Costs When someone faces serious criminal charges—murder, sexual battery, aggravated child abuse—the difference between conviction and acquittal often comes down to one thing: expert witnesses. Expert witnesses are a crucial part of criminal defense cases in Tampa, Florida. Not legal arguments. Not courtroom…

Even If Your Case Isn’t Capital, This Credential Changes Everything Fewer than 10 attorneys in Tampa hold death-penalty qualification under Florida Rule 3.112 If you’re facing criminal charges in Tampa Bay, you’re fighting for your future. Whether the accusation involves DUI, aggravated assault, or a serious felony like sexual battery, you cannot afford to take…

How Leadership in Florida’s Largest Defense Offices Shapes Better Criminal Defense Chief Assistant Public Defender: Second-in-command of 100+ attorney office, supervising multiple trial divisions and collaborating with judges, prosecutors, and court administrators Choosing the right defense attorney can change the outcome of a major felony case. As a former public defender criminal defense lawyer in…

Defense Attorney’s Failures Made Trial “Fundamentally Unfair” De Santus v. State, No. 4D2023-2235 (Fla. 4th DCA Oct. 15, 2025) Case Summary What Happened: Fourth DCA reversed murder conviction because defense attorney’s combined errors—ignoring key impeachment evidence and failing to advise client on whether to testify—violated right to fair trial. Key Failures: (1) Never used witness’s…

But Only If Your Attorney Argues It Correctly Oquendo v. State, SC2023-0807 (Fla. Oct. 9, 2025) Case Summary: Oquendo v. State Holding: PTSD evidence can be relevant to self-defense claims—specifically to show what the defendant actually believed at the time of the incident. Key Limitation: PTSD alone won’t justify self-defense. Attorney must connect it to…