ERIC J DIRGA, PA

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Supremes on Eyewitness ID and GPS Monitoring

It has been a slow “wordpress” year – so far.  I’ll be picking it up as time allows (but Spring is in the air!). First case deals with eyewitness testimony.  I have to imagine there is a case with better…

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Florida 2d DCA conflicts on Gant Issue with 5th DCA

STATE, v. McCULLOUGH, 37 Fla. L. Weekly D49b (Fla. 2d DCA, Dec 30,2011) – The State appeals from the trial court’s order granting Sharon Laverne McCullough’s motion to suppress evidence seized following her arrest. Because the search of McCullough’s car…

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Juan Smith v. Warden Burl Cain, 23 Fla. L. Weekly Fed. S32 (Jan 10, 2012)

An opinion delivered by Chief Justice Roberts, followed by all but Justice Thomas who dissents. Juan Smith was convicted of 5 counts of murder in Louisiana.  He appealed his conviction which was affirmed and the State Supreme Court and the…

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The 5th’s Take On “Catalano”

MONTGOMERY v. STATE, 36 Fla. L. Weekly D2046a (Fla. 5th DCA. Sep 16, 2011): Defense Appeal, Affirmed – This case deals with the constitutionality of section 316.3045(1)(a), Fla. Stat. This statute was earlier found unconstitutional in State v. Catalano, 60…

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