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TFB - Daily News Summary - Apr 12, 2018

Thursday, April 12, 2018  

 

THE FLORIDA BAR

Daily News Summary

An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department and distributed to the Board of Governors, section and committee chairs, voluntary bar presidents, members of the judiciary and others.

 

April 12, 2018

Criminal Justice Issues

FAR FEWER FLORIDA KILLERS ARE SENTENCED TO DIE AFTER COURTS REQUIRE UNANIMOUS JURIES

Tampa Bay Times | Article | April 12, 2018

After the Florida Supreme Court ruled that juries in capital cases must be unanimous, death sentences have become few and far between. In 2012, 22 people were sentenced to death, according to the nonprofit Death Penalty Information Center. That number declined through the years, dropping to three in 2016, the year a landmark court decision challenged the way Florida executed killers. In 2017, three others were condemned. Florida had fewer new death sentences in the last two years combined than it had in any other single year since the death penalty was reinstated in the early 1970s.

 

Civil Justice Issues

JUDGE RULES TAMPA MAN CAN GROW OWN MEDICAL MARIJUANA

Politico Florida | Article | April 11, 2018

Leon County Circuit Court Judge Karen Gievers blasted the Florida Department of Health for failing to comply with state law Wednesday [April 11] when she ruled in favor of Joe Redner, a Tampa man who sued the state to grow his own medical marijuana plants. The decision has major implications for the industry and tens of thousands of patients. In a 22-page ruling, Gievers wrote that the constitutional amendment that prompted the Legislature to expand medical marijuana does not authorize the Department of Health to pass any restrictions that block access to the drug.

 

Criminal Justice Issues

JUSTICES SET ARGUMENTS IN CAR WEAPON CASE

Florida Politics | Article | April 11, 2018

The Florida Supreme Court will hear arguments June 6 in a dispute about whether a car can legally be considered a weapon. Justices on Wednesday [April 11] scheduled the hearing in an appeal by Adam Lloyd Shepard, who was convicted on a charge of manslaughter with a weapon after fatally striking Spencer Schott with a car in January 2011. Under state law, the use of a weapon bumped up the manslaughter charge from a second-degree felony to a first-degree felony, carrying a longer prison sentence.

 

Judiciary

MIAMI-DADE JUDGE RESIGNS AMID PROBE IN WAKE OF SPOUSE’S ARREST

Daily Business Review | Article | April 11, 2018

Miami-Dade Circuit Judge Sarah Zabel has resigned amid an investigation by the state Judicial Qualifications Commission, which examines allegations of misconduct by state jurists. An undated letter to Gov. Rick Scott lists May 31 as the judge’s last on the bench. Zabel leaves office months after Miami-Dade State Attorney’s Public Corruption Task Force charged her husband with four felonies, but declined to prosecute her over a land deal that cost an investor $150,000. Her resignation ends the JQC investigation. But as an attorney, Zabel could be subject to disciplinary proceedings by The Florida Bar.

 

Legal Discipline

MIAMI ATTY FIGHTS DISBARMENT, SLAMS BAR’S ‘BAD FAITH’ CLAIMS

Law360 | Article | April 11, 2018

A Miami lawyer fighting recommended disbarment for alleged unethical conduct during two civil cases doubled down Tuesday [April 10] by telling the Florida Supreme Court that The Florida Bar’s case is being pursued in bad faith and the referee’s report is biased. Peter M. Vujin also argued to the high court, which will have final say on the matter, that the Bar’s disciplinary case is designed to stifle his free speech rights.

 

Civil Justice Issues

JUSTICE DEPT. TO HALT LEGAL-ADVICE PROGRAM FOR IMMIGRANTS IN DETENTION

Washington Post | Article | April 10, 2018

U.S. immigration courts will temporarily halt a program that offers legal assistance to detained foreign nationals facing deportation while it audits the program’s cost-effectiveness, a federal official said Tuesday [April 10]. Officials informed the Vera Institute of Justice, that starting this month, they will pause the nonprofit’s Legal Orientation Program, which last year held information sessions for 53,000 immigrants in more than a dozen states.

 

Legal Profession

JUSTIA LAUNCHES NEW PEER-REVIEWED ATTORNEY RATINGS

ABA Journal | Article | April 11, 2018

Justia, an online legal information and lawyer marketing service, has added lawyer ratings and reviews to its attorney directory. The new review process creates a peer-reviewed rating system in which attorneys are able to rate other attorneys in four categories: legal knowledge, legal analysis, communication skills and ethics and professionalism. There will be an appeals process for inaccurate reviews.

 

Legal Profession

CONSIDERATIONS REGARDING ATTORNEY-CLIENT PRIVILEGE IN THE JOINT REPRESENTATION OF MULTIPLE CLIENTS

Daily Business Review | Column | April 11, 2018

Merrick L. “Rick” Gross, a shareholder with Carlton Fields in Miami, and Yolanda P. Strader, an attorney in the firm’s Miami office, write: “The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and his client are confidential. For example, under certain circumstances . . . an attorney who represents multiple clients in the same matter can share communications among those involved in the joint representation, without waiving the attorney-client privilege. . . . But what happens when infighting arises among those who were parties to the joint representation?”

 

Other

ONETIME HIGH SCHOOL DROPOUT AND SINGLE MOM CELEBRATES HER LAW SCHOOL GRADUATION IN VIRAL PHOTO

ABA Journal | Article | April 11, 2018

Ieshia Champs has come a long way since she dropped out of high school and had her first child at age 19. The 33-year-old Texas woman will be graduating magna cum laude from Texas Southern University’s Thurgood Marshall School of Law in May. She posed in graduation robes with her five children in a photograph that has gone viral. Yahoo News, USA Today and CBS News are among the publications with stories.

 

 


more Calendar

7/26/2018
Family Law Section Meeting

8/22/2018
Labor & Employment Section Meeting

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