McLain Law Blog

Florida: Bond Pending Criminal Direct Appeal

Can I Obtain Bond While My Criminal Direct Appeal Is Pending? Many criminal defendants wonder if they can continue on bond, or obtain bond, while their direct appeal is pending with the State of Florida appellate court.  The answer is it depends. Admission to bail after conviction is not a matter of right,...
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Florida Appellate Court Reverses Trial Court For Not Considering Juvenile’s Mitigation Evidence at Resentencing

Trial Courts Must Consider Juvenile’s Mitigation Evidence at Resentencing In 2015, the Florida Supreme Court decided that juvenile’s unconstitutionally sentenced in the past would be afforded a resentencing. See, e.g., Falcon v. State and Horsely v. State. One of those juveniles unconstitutionally sentenced was Donald Branton. Recently, at Branton’s resentencing,...
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Florida Governor Signs New Death Penatly Law

New Death Penatly Law in Florida The United States Supreme Court recently found Florida’s death penalty scheme unconstitutional in hurst v. florida death penalty.  Florida has now passed a new law it believes corrects the death penalty scheme.  The new law requires at least 10 of 12 jurors to recommend...
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