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Criminal Law

: JAABlog

LOCAL BOYS MAKE GOOD

By JAABLOG

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Frank Maister and one time judicial candidate Gary Elsinger scored a major victory expanding indigents' right to counsel in the Florida Supreme Court today. The 64 page opinion in Florida v. Kelly was issued in response to the following certified question: WHAT IS THE SCOPE OF A CRIMINAL DEFENDANT?S RIGHT TO COUNSEL UNDER ARTICLE I, SECTION 161 OF THE FLORIDA CONSTITUTION CONCERNING THE STATE?S USE OF PRIOR UNCOUNSELED MISDEMEANOR CONVICTIONS TO ENHANCE A LATER CHARGE FROM A MISDEMEANOR TO A FELONY?Kelly concerned a felony DUI charge where Mr. Kelly had pled two prior DUIs without benefit of counsel. The State enhanced the charge to a felony based on three total DUI priors, after initially charging Kelly with a misdemeanor which was nolle prosequied because the State was not prepared for trial (...continue to full post

Full post as published by JAABlog on December 30, 2008 (boomark / email).

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