Author Archives: Jay Butchko
U.S. Supreme Court Sides with Florida Man in Free Speech Case
On June 18th, the U.S. Supreme Court decided in favor of upholding civil rights in a case involved an arrest at a city council meeting in south Florida’s City of Riviera Beach. The man was originally arrested in retaliation for being an outspoken critic of decisions made by the city; however, he was also… Read More »
Florida Teens Who Allegedly Filmed Drowning Man Will Not Face Charges
The decision this month (June 2018) not to prosecute the Florida teens who allegedly “laughed” and “recorded a drowning man” is gaining news headlines of late. The teens were accused of laughing as the disabled man struggled to stay afloat in a pond near his home last year, as was recorded in a video… Read More »
U.S. Supreme Court Strengthens Digital Privacy & Warrant Requirement for Cell Phone Data
On June 22, the U.S. Supreme Court made a monumental decision strengthening digital privacy and upholding Fourth Amendment protections in the Carpenter v. United States decision, ultimately finding that the government first needs to obtain a warrant in order to access your cell site location. This decision will not only impact circumstances involving private… Read More »
Can Our DNA Be Used For Law Enforcement Purposes?
News of the “Golden State Killer” being caught—and the methods used to catch him—have made news headlines of late. What is particularly shocking to people is just how the detectives got a break in the case; specifically, their reliance on genetic information taken from databases like Ancestry.com and 23andMe to track him down. Is… Read More »
Editorial Highlights Continuing Validity Issues Associated with Criminal Forensic Science Methods
In April, the Proceedings of the National Academy of Sciences published an editorial written by a scientist at John Hopkins highlighting that many of the forensic science methods commonly used in criminal cases have never technically been scientifically validated, and, in fact, may have led to a number of unjust verdicts. The stated purpose… Read More »
Florida’s New Gun Law & Constitutional Concerns
Following the new law tightening gun restrictions that Florida’s governor recently signed into law, on May 14th, a federal judge in Florida decided something that some believe violates individuals’ ability to protect the Second Amendment. Specifically, the judge decided that the National Rifle Association (NRA) cannot use pseudonyms in place of actual names of… Read More »
U.S. Supreme Court Opens the Door to Legalizing Sports Betting In Florida and Elsewhere
On May 14th, the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act, a federal law that banned sports betting in almost every state. Specifically, the law prohibited states from authorizing and licensing sports gambling, which involves allowing gamblers to bet on everything from which team is going to win a… Read More »
Florida Municipalities Claim that State Is Violating Their First Amendment Rights via Gun Laws
Florida municipalities are joining forces in suing the state of Florida, claiming that the state has violated their free speech rights by barring them from passing their own local gun laws that would supersede state laws. As of now, if local officials enact a gun ordinance that in any way conflicts with state-established gun-free… Read More »
Florida Teacher Accused of Drowning Animals in Class Demonstration Could Be Charged With Animal Cruelty
News covering the Florida teacher who was accused of drowning raccoons with the participation of his students is now under scrutiny for potentially breaking state law, according to state agencies investigating the incident. According to some, the teacher’s actions violate the regulations of the Florida Fish and Wildlife Conservation Commission, Florida animal cruelty laws,… Read More »
Will Prosecution And Defense Of Sexual Assault Cases Ever Be The Same After The Cosby Trial?
As recently reported, Bill Cosby’s recent conviction for aggravated indecent assault could heavily impact future sexual assault cases; especially those against high-profile defendants, even though it arguably involves a very unique set of facts. Many are calling it “the first trial in the #MeToo era,” potentially leading the charge in how all defense strategies… Read More »
Spring 2018 Civil Rights Update: Faith-Based Initiatives in the White House and Anti-Begging Laws Found to Violate Constitutional Rights
Below we discuss some recent, important developments concerning protected civil rights this spring: Trump’s Faith-Based Initiative Raises Civil Rights & Discrimination Concerns On May 3rd, President Donald Trump signed an executive order intended to “protect religious liberty” into law, igniting concerns from civil rights advocates across the country. The order establishes a new office… Read More »
Florida Pharmacy Owner Sentenced To 13 Years in Prison & Ordered to Pay $4.3 Million Fine in Association with Health Care Fraud
On March 30th, the owner of Orlando-based Fertility Pharmacy (Larry Howard) was sentenced to 13 years in prison and ordered to pay $4.3 million in restitution, as well as surrender two properties, in association with an allegedly fraudulent healthcare kickback scheme. According to federal prosecutors, Howard funneled patients to doctors that he had pre-selected,… Read More »
Spouse of Florida Nightclub Shooter Acquitted
In a trial that has been watched by the nation, on March 31st, the widow of the Pulse nightclub shooter, Noor Salman, was acquitted of aiding and abetting her husband (Omar Mateen) in the nightclub murders, as well as obstruction of justice in association with the shooting incident here in Florida almost two years… Read More »
Those Wrongfully Convicted Speak Out Against Faster Death Penalty Appeals
Unfortunately, Florida leads the country in wrongful death penalty convictions. According to some sources, close to 30 people have been exonerated from death row due to DNA evidence, prosecutorial misconduct, and other new evidence. In addition, five years ago, the governor signed a requirement that executions be hastened, occurring in 180 days. Now, some… Read More »
Appellate Court Strikes Down Gender-Based Pay Inequality
On April 9th, a U.S. appeals court ruled that employers cannot rely on workers’ salary histories in order to justify gender-based pay disparities. The Court based its decision on the federal Equal Pay Act, passed in 1963, deciding that Congress did not intend for discriminatory pay policies from the past to justify continuing pay… Read More »
Racial Bias Leads to Arrest at Starbucks and Nationwide Protests
A racial profiling event that occurred at Starbucks has captured news headlines, and even led the chain closing down for two days in order to provide its employees with “racial-bias education.” Specifically, two black men were arrested while waiting at one of the coffee chain’s stores last week, after doing absolutely nothing. The chief… Read More »
U.S. Supreme Court Strikes Down Deportation Law That Vaguely Transforms Crimes into Felonies
On April 17th, the U.S. Supreme Court struck down a law that would have allowed the federal government to deport criminals who have committed “serious crimes.” This decision will affect the administration’s ability to deport individuals who very vaguely have a criminal record of some kind, as the justices pointed out just how unconstitutionally… Read More »
Defendants Charged With Felonies Successfully Move Forward With Necessity Defense
In a victory for activists, on April 23rd, an appellate court upheld a district judge’s previous ruling that those individuals being prosecuted for shutting down a tar sands pipeline could proceed with the necessity defense, or a defense indicating that their actions were necessary due to the threats posed by fossil fuel production via… Read More »
Former NFL Cheerleaders Allege Gender (Sex) Discrimination
Several gender discrimination claims filed against the NFL have made headlines of late as the victims who filed the claims offered to essentially settle for nothing if, in exchange, the league prepares a set of binding rules and regulations to apply to all NFL teams and the victims can have a “good faith” meeting… Read More »
Can A Sitting President Undergo Criminal Prosecution?
Over the last year, there has been a significant amount of discussion over whether President Trump could be indicted while in office. While some think that it’s imminent in light of special counsel Robert S. Mueller III’s charges against 19 people thus far, other scholars have argued that the constitution immunizes a sitting president… Read More »
Florida Man Arrested & Charged With Crime for Testifying
The Florida man who was arrested and sent to jail for simply speaking his mind at a city council meeting has captured news headlines, particularly as the U.S. Supreme Court hears his case on February 27th. The case will have implications for everyone regarding First Amendment protections of free speech. The case started in… Read More »
Police Seek Private Phone Data for Everyone near a Crime Scene within Last Year
In a move that has alarmed civil rights advocates all over the country, in mid-March, police officers in North Carolina served Google with approximately five search warrants, demanding that the company hand over cell phone data for every single person who “in the vicinity” of various crimes over the last year. Specifically, police were… Read More »
Yale Rape Verdict Shows That Different Standards Are Used In Campus Hearings versus Courtrooms
When a jury found Yale college student Saifullah Khan not guilty of rape after three hours of deliberations in early March, news sources were quick to cover the story, noting that, where a campus panel might find evidence that one student had committed a sex crime (rape) against another, this evidence was insufficient for… Read More »
11th Circuit Asked To Clarify Product Liability Law
The 11th Circuit (covering Florida) has been asked to provide an opinion on a very important product liability lawsuit involving to what extent companies who produce seat belt components can be held liable any defects that lead to accidents if the car company itself ultimately designed and approved the restraint system. Specifically, the subsidiary… Read More »
State Supreme Court Hears Key Case on Defendants’ Access to Social Media to Build Case
On March 6th, the California Supreme Court heard a case that could have broad implications for the rest of the country regarding the ability for criminal defendants to access social media information in order to build the best, most comprehensive defense, as is their legal right. Specifically, the case could determine just how much… Read More »
