Identification From My Space Website Tossed on Appeal

Tampa Florida Federal Criminal Defense Expert notes a recent ruling by the Eleventh Circuit Court of Appeals in Atlanta, Georgia.  The Federal Appeals Court ruled that the Trial Court (District court) committed error when it admitted redacted subscriber report and photographs from the defendant's MySpace.com account to prove that he perpetrated a string of bank robberies. The prosecutor offered the evidence to prove that the defendant acted in conformity with his bad character.

Unfortunately, the conviction was not overturned and the Appeals court ruled the error was harmless in light of the overwhelming evidence of guilt.

Source:  22 Fla. L. Weekly Fed. C770a

Tampa Florida Federal Criminal Defense

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Junk Science and Federal Criminal Defense

Florida Federal Criminal Defense Attorney, W.F. ''Casey'' Ebsary, Jr. just returned from a great seminar on fighting the admissibility of Junk Science in federal criminal cases.

To attack Junk Scientific Evidence, one must look beyond the practitioners of the field itself. State of Maryland v. Bryan Rose, K06-0545 (Cir. Balt. Co. 2008) (“general acceptance of latent print identification by its practitioners does not constitute general acceptance by the ‘scientific community’ . . .”); United States v. Saelee, 162 F.Supp.2d 1097 (“Finally, the evidence does indicate that there is general acceptance of the theories and techniques involved in the field of handwriting analysis among the closed universe of forensic document examiners. This proves nothing.”). In most cases, the Government has not and will not be able to produce anyone beyond law enforcement technicians.

The seminar is available for free here: Junk Science in Federal Courts

Thanks to Attorney Frank Godbold.

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Florida Loan Prosecutions to Skyrocket According to Feds

Loan prosecutions in Federal Court in the Middle District of Florida - here is what to expect in terms of filings from the US Attorney's Office in Tampa, Florida.

White Collar prosecutions will surge as FBI and Federal authorities will put substantially more effort into white collar prosecutions. While It may take two (2) years before we see filings involving the big conspiracies - many smalller financial fraud cases will be coming soon. For example, single-person doing 3 mortgages he or she took out. Ft. Myers and Charlotte County is expected to have the most prosecutions in our district and may be the epicenter of these cases in the United States. Indictments should be coming along very soon. The need for expert services will increase.

Bank Fraud charges arise from defrauding an FDIC insured institution, under 18 USC Section 1344.

Federal Criminal Defense Attorney, W. F. ''Casey'' Ebsary, Jr., is available to help when the feds come knocking. Call Toll Free 1-877-793-9290.

Loan Fraud Prosecutions

Computer Hard Drive Suppressed Florida Federal Criminal Defense Attorney

Florida Federal Criminal Defense Attorney in Tampa notes that a computer hard drive has been thrown out or evidence. Federal Court of Appeals rules: Delay of twenty-one days in obtaining warrant for search of hard drive after it had been lawfully seized from defendant's residence was unreasonable under circumstances. Court held: Motion to suppress should have been granted

Source: 21 Fla. L. Weekly Fed. C1763a

Computer Hard Drive Suppressed Florida Federal Criminal Defense Attorney

Tampa Federal Criminal Defense Attorney on Juror Misconduct

Tampa Federal Criminal Defense Attorney W.F. ''Casey'' Ebsary, Jr. , notes that the New York Times has uncovered a rash of mistrials resulting from jurors using technology during voir dire (jury selection) and throughout the trial and deliberations.

During a federal drug trial in Florida a juror admitted that he had been doing research on the case on the Internet The judge had instructed the jury not to rely on evidence not presented in court. The other eight jurors had been doing the same thing. The judge declared a mistrial- pulling the plug on an eight-week trial.

The complete story is available here.

Tampa Federal Criminal Defense Attorney on Juror Misconduct