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					                         Criminal law SeCtion
                                                                                                             November, 2009
                                                                                                           Volume 3 • Issue 3




                         monthly Update
The Florida Bar Criminal Law Section
651 East Jefferson Street, Tallahassee, FL 32399
www.flacla.org • E-mail: wgraham@flabar.org • Phone: 850/561-5628


  Marital Privilege                                                                  Save The Date!
  Boyd v. State                                                                             January 22, 2010
                                                                                  Executive Council Meeting at Midyear
  4th D.C.A. (August 19, 2009)                                                               Hilton Orlando
                                                                                                    •
                                                                                            January 28, 2010
  This article is written by Section Member, Barry Krischer.                           Advanced Federal Practice
  Barry was the elected State Attorney for the Fifteenth Ju-                               Epic Hotel, Miami
  dicial Circuit (Palm Beach County) until he stepped down                                          •
  last year after sixteen years as the head of the office. He                               Masters Of DUI
  now works as an attorney for the sheriff.                                             Date and Location TBD
                                                                                                    •
  Facts:                                                                                     March 4, 2010
  	 As	a	result	of	confidential	informant	statements	and	a	                                Topics in Evidence
  thrash	pull,	a	search	warrant	was	executed	at	the	home	of	                       Tampa Airport Marriott and Webcast
  Victor	Boyd	and	his	wide.	Prior	to	the	search	Boyd	and	his	                                       •
  wife	were	read	their	rights	pursuant	to	Miranda.	Inves-                                    April 16, 2010
  tigators	then	searched	and	uncovered	a	firearm,	cocaine,	                          Criminal Law Update (1008R)
  and	 drug	 paraphernalia	 in	 the	 home.	Victor	 Boyd	 was	                          Hilton, Miami Downtown
  arrested	for	possession	of	a	firearm	by	a	convicted	felon	                                        •
  and	trafficking	in	cocaine.	Following	the	search,	Boyd	and	                                 June 25, 2010
  his	wife	were	taken	to	the	police	station	for	questioning.	                          Executive Council Meeting
  They	were	interviewed	in	a	room	equipped	with	covert	                                    Boca Raton Resort
  audio	and	video	recording	devices.	During	the	interview	
  first	told	Det.	Tianga	that	the	gun	belonged	to	his	cousin.	
  Boyd	and	his	wife	had	a	conversation	in	which	Boyd	told	            to	disclose,	and	to	prevent	another	from	disclosing,	com-
  his	wife	he	usually	keeps	the	gun	under	his	pillow	but	the	         munications	 which	 were	 intended	 to	 be	 made	 in	 confi-
  police	found	it	on	top	of	the	TV	monitor.	Unbeknownst	to	           dence	between	the	spouses	while	they	were	husband	and	
  Boyd	and	his	wife,	that	conversation	was	being	surrepti-            wife.”
  tiously	recorded	and	preserved	on	a	DVD.                            	 Section	 90.507,	 F.S.,	 limits	 that	 privilege	 by	 holding	
                                                                      that	it	is	waived	if	a	holder	of	the	privilege	makes	the	com-
  Issue:                                                              munication	to	be	protected,	the	court	must	be	determine	
  	 Boyd	argued	pre-trial	that	the	conversation	between	              if	the	couple	had	a	reasonable	expectation	of	privacy	at	
  him	and	his	wife	was	a	privileged	marital	communication	            the	time	the	communication	took	place.	
  and	 must	 be	 suppressed.	The	 trial	 court	 held	 multiple	
  hearings	on	the	motions	to	suppress	and	ultimately	de-              Expectation of Privacy While in the
  nied	them	all.	On	appeal	Boyd	reasserted	that	the	trial	            Police Custody:
  court	erred	in	denying	his	motion	to	suppress	the	DVD	              	 In	1994	the	Florida	Supreme	Court,	relying	on	federal	
  of	 the	 conversation	 he	 had	 his	 wife	 while	 in	 the	 inter-   case	law,	found	as	a	general	rule	that	a	person	inside	a	
  rogation	room	because	the	conversation	was	a	privileged	            police	vehicle	had	no	expectation	of	privacy.	The	4th	DCA	
  marital	 communication.	 Boyd	 also	 contends	 the	 court	          had	a	previously	ruled	that	a	person	who	was	arrested	
  erred	in	allowing	his	wife	to	testify	regarding	the	conver-         and	placed	in	the	back	of	a	police	car	had	no	expectation	of	
  sation	over	defense	objection.                                      privacy.	But,	if	he	was	merely	placed	in	the	vehicle	for	his	
                                                                      own	safety	he	had	a	privacy	right.	In	reaching	that	conclu-
  Marital Privilege:                                                  sion,	the	court	focused	on	the	status	of	the	defendant	who	
  	 There	 are	 two	 Florida	 statues	 on	 point,	 both	 found	       was	“	neither	under	arrest	nor	even	articulable	suspicion.”	
  within	 Chapter	 90,	 also	 known	 as	 the	 Evidence	 Code.	        In	contrast,	the	Eleventh	Circuit	Court	of	Appeals	held	
  Section	90.504(1),	F.S.,	provides:	“A	spouse	has	a	privi-           that	there	was	no	reasonable	expectation	of	privacy	in	a	
  lege	during	and	after	the	marital	relationship	to	refuse	                                                    continued, next page
   Criminal Law Section - Monthly Update                                                                                                 Page 

Encourages Change                                                                       The	 4th	 D.C.A.	 in	 Boyd	 found	 that	 the	 content	 of	 the	
                                                                                        husband	 -	 wife	 communication	 was	 properly	 testified	
police	car,	regardless	of	the	status	of	the	person	engaging	                            to	by	Det.	Tianga.	“The	present	case	is	distinguishable	
in	the	conversation.	The	Florida	Supreme	Court	agreed.	                                 from	Taylor	in	that	the	conversation	between	Boyd	and	
“We	agree	with	the	Eleventh	Circuit	Court’s	reasoning	                                  his	wife	was	tape	recorded	by	a	third	party	and	listened	
and	hold	that	a	person	does	not	have	a	reasonable	expec-                                to	by	the	police	while	it	was	taking	place.	Both	Tianga	
tation	of	privacy	in	a	police	car	and	that	any	statements	                              and	Boyd’s	wife	testified	about	the	statements	made	by	
intercepted	therein	may	be	admissible	as	evidence.”	State	                              Boyd	during	the	conversation.	A...	conversation	which	is	
v.	Smith,	641	So.2d	849	(Fla.	1994).                                                    taped	recorded	or	overheard	by	a	third	party	is	generally	
	 Relying	 on	 the	 Smith case	 the	 5th	 D.C.A	 ruled	 that	
                                                                                        not	privileged	because	there	is	no	reasonable	expectation	
a	conversation	between	a	husband	and	wife	in	a	police	
                                                                                        of	privacy.	However,	the	mere	fact	that	a	conversation	is	
department	 interview	 room	 was	 not	 protected	 by	 the	
martial	privilege.	As	stated	above,	Section	90.507,	F.S.,	                              recorded	 or	 overheard	 does	 not	 compromise	 a	 couple’s	
limits	the	privilege	by	holding	that	it	is	waived	if	a	holder	                          privilege	if the only person who can testify regarding the
of	the	privilege	makes	the	communication	to	be	protected,	                              content of the conversation is a spouse.	When	 a	 record-
the	court	must	determine	if	the	couple	had	a	reasonable	                                ing	is	unintelligible	to	a	third	party,	it	is	as	though	the	
expectation	of	privacy	at	the	time	the	communication	took	                              conversation	 was	 never	 recorded	 at	 all.	 Had	 Boyd	 and	
place,	and	the	5th	DCA	had	a	reasonable	expectation	of	                                 his	wife	been	the	only	individuals	able	to	testify	about	
privacy	at	the	time	the	communication	took	place	depart-                                the	conversation,	it	would	have	been	error	to	allow	the	
ment	interview	room	they	did	not.	Johnson v. State,	730	                                wife’s	testimony	over	the	defense	objection.	Here,	Tianga	
So.2d	368	(5DCA	1999).                                                                  had	listened	to	the	conversation	and	reviewed	the	DVD	
	 The	 Florida	 Supreme	 Court	 has	 placed	 a	 limitation	                             several	times	and	was	able	to	testify	about	what	Boyd	
on	this	general	rule.	While	the	information	disclosed	by	                               was	saying.	Thus,	in	the	present	case,	the	tape	recording	
a	conversation	within	a	police	department	may	no	longer	                                compromised	the	privilege,	and	the	trial	court	did	err	in	
be	privilege,	one	spouse	may	not	be	compelled	to	testify	                               the	allowing	Boyd’s	wife	to	testify	about	her	conversation	
against	 the	 other,	 over	 their	 objection,	 as	 to	 content	 of	                     with	Boyd	in	the	interrogation	room.	Any	testimony	by	
that	information.                                                                       Boyd’s	wife	was	cumulative.”
	 “However,	the	cases	cited	by	the	state	in	support	of	this	
proposition	[that	there	is	no	privilege	inside	a	jail]	involve	                         Oral Intercept:
situations	where	otherwise	privilege	conversations	were	                                In	anticipation	of	the	obvious	question,	“Is	taping	the	con-
taped	 or	 overheard	 by	 third	 parties.	As	 a	 general	 rule,	                        versation	within	the	police	department	(or	police	car)	an	
when	third	party	eavesdroppers	hear	otherwise	privileged	                               illegal	oral	intercept	as	set	out	in	F.S.	934.03,	Interception	
communications,	the	communications	are	not	privileged	
                                                                                        and	disclosure	of	wire,	oral,	or	electric	communications?”	
unless	 the	 communicating	 parties	 had	 a	 reasonable	
                                                                                        The	Florida	Supreme	Court	in	the	Smith	case	disposed	
expectation	 of	 privacy.	 See	 ---	 90.507	 Fla.	 Stat.	 In	 the	
instant	case,	however,	there	was	no	third	party	involved,	                              of	that	issue.
no	 one	 overheard	 the	 conversation,	 and	 the	 trial	 court	                         	 “We	 find	 section	 934.03,	 which	 provides	 that	 it	 is	 a	
required	Mrs.	Taylor	to	directly	testify	as	to	the	privileged	                          crime	 to	 willfully	 intercept	 oral	 communications,	 to	 be	
conversation	[against	her	defendant	husband].”	This	was	                                inapplicable	to	this	case.	In	order	to	fall	within	the	ambit	
found	to	be	reversible	error.	Taylor v. State, 855 So.2d 1                              of	chapter	934,	an	oral	communication	must	be	‘uttered	by	
(Fla.2003)                                                                              a	person	exhibiting	an	expectation	that	such	communica-
   Thus,	 while	 the	 content	 of	 the	 communication	 is	 no	                          tion	 is	 not	 subject	 to	 interception	 under	 circumstances	
longer	protected,	the	jury	only	gets	to	hear	that	conversa-                             justifying	such	expectations	and	does	not	mean	any	public	
tion	if	a	third	party	(detective)	over	heard	it	or	taped	the	                           oral	communication	uttered	at	a	public	meeting	or	any	
conversation.	That	is	exactly	what	occurred	in	the	Boyd	                                electronic	 communication.’	 934.02(2),	 F.S.	Thus,	 for	 an	
case.                                                                                   oral	 conversation	 to	 be	 protected	 under	 section	 934.03	
Court’s Findings:                                                                       the	speaker	must	have	an	actual	subjective	expectation	
                                                                                        of	privacy,	along	with	a	societal	recognition	that	the	ex-
                                                                                        pectation	is	reasonable.	Because	we	find	that	there	is	no	
   THE	CRIMINAL	LAW	SECTION	OF	THE	FLORIDA	BAR	PRE-
                                                                                        reasonable	expectation	of	privacy	in	a	police	car,	section	
             PARES	AND	PUBLISHES	THIS	JOURNAL
                                                                                        934.03	does	not	apply	to	conversations	that	take	place	in	
 Carolyn	M.	Snurkowski,	Tallahassee....................................... Chair
                                                                                        those	vehicles.	Consequently,	the	section	934.06	prohibi-
 Sheryl	J.	Lowenthal,	Miami	............................................Chair-Elect
                                                                                        tion	against	the	use	of	intercepted	oral	communications	
                                   .
 Lisa	M.	Porter,	Fort	Lauderdale	 ........................................ Secretary
                                                                                        as	evidence	is	inapplicable	as	well.”
 H.	Scott	Fingerhut,	Miami	............................................... 	Treasurer   	 This	statement	of	the	law	pertains	with	equal	effect	to	
 Dennis	G.	Kainen,	Miami	............................................Board	Liaison      conversations	tape	recorded	inside	a	police	department	
 Paige	Graham,	Tallahassee	.........................Program	Administrator               interview	room	as	well.
 Anthony	Perez,	Tallahassee	................................ Layout/Art	Design
   Unless	expressly	stated	otherwise,	The	Record’s	articles	reflect	
        only	the	opinions	and	ideas	of	The	Record’s	authors.
  Criminal Law Section - Monthly Update                                                                        Page 

Nominations Sought
for the Selig I. Goldin
Memorial Award
The	 Executive	 Council	 of	 the	 Criminal	 Law	 Section	 of	
The	 Florida	 Bar	 is	 seeking	 nominations	 of	 deserving	
candidates	to	receive	the	Selig	I.	Goldin	Memorial	Award,	
which	 recognizes	 outstanding	 contribution	 to	 Florida’s	
criminal	justice	system.
	
The	 Council	 will	 make	 its	 selection	 at	The	 Bar’s	 mid-
year	meeting	in	January,	and	present	the	award	at	the	
                                                                                       Selig I. Goldin
Section’s	honorary	luncheon,	held	during	The	Bar’s	An-
nual	Meeting	in	June.                                                                    1939-1980
	                                                               “As an attorney, Selig was always tops. Dedication and
Past	recipients	include:		Tobias	Simon	(1982),	Albert	Datz	     zeal were his trademarks. He accepted many cases and
(1983),	 Honorable	 Richard	 Gerstein	 (1984),	 Honorable	      many clients others turned down, because he felt those
Benjamin	 M.	Tench	 (1985),	 Honorable	 Phillip	A.	 Hub-        cases had to be defended and he believed in the person
bart	(1986),	Honorable	James	C.	Adkins	(1987),	Honor-           and the cause.”
able	Gerald	Kogan	(1988),	Honorable	Edward	D.	Cowart	
(1989),	Honorable	Marvin	U.	Mounts	(1990),	T.	Edward	           Those	few	words,	spoken	at	Selig	Goldin’s	funeral	by	his	
Austin,	Jr.	(1991),	Professor	Paul	Barnard	(1992),	William	     brother,	Philip,	capture	what	members	of	the	criminal	de-
Sheppard	 (1993),	 Professor	 Gerald	T.	 Bennett	 (1994),	      fense	bar	knew	of	this	young	Gainesville	lawyer	who	died	
Professor	Steven	M.	Goldstein	(1995),	Robert	E.	Jagger	         of	cancer	before	his	time	—	that	he	was	a	man	of	great	
(1996),	 Honorable	 Stanley	 R.	 Morris	 (1997),	 Professor	    ability	and	great	compassion.	His	career	was	cut	short,	
John	F.	Yetter	(1998),	Honorable	Ben	F.	Overton	(1999),	        yet	he	left	his	mark	not	only	with	those	he	defended,	but	
Professor	William	 R.	 Eleazer	 (2000),	 Honorable	 Janet	      with	 those	 judges	 before	 whom	 he	 practiced	 and	 those	
Reno	 (2001),	 Honorable	 Bennett	 H.	 Brummer	 (2002),	        lawyers	who	were	his	adversaries	in	the	courtroom	and	
Professor	 Charles	 Ehrhardt	 (2003),	 Honorable	 Susan	        his	friends	when	the	trials	were	over.
Schaeffer	 (2004),	 Honorable	 Lou	 Frost	 (2005),	 Neal	 R.	
Sonnett	(2006),	Albert	J.	Krieger	(2007),	Honorable	Sey-        To	honor	the	memory	of	this	young	man,	who	none	doubt	
mour	Gelber	(2008),	Honorable	O.H.	Eaton,	Jr	(2009).            would	have	reached	the	top	of	his	profession,	the	Criminal	
	                                                               Law	Section	each	year	distinguishes	one	member	of	The	
Nominations	must	be	submitted	by	Tuesday, December 15,          Florida	 Bar	 for	 displaying	 the	 talents	 and	 compassion	
2009,	and	include	the	name	of	the	candidate,	a	descrip-         possessed	by	Selig	I.	Goldin.
tion	of	their	contribution	to	the	criminal	justice	system,	
a	 biographical	 sketch	 or	 resume,	 and	 the	 candidate’s	    His	path	is	not	an	easy	one	to	follow.	He	graduated	high	
contact	information.                                            school	at	16,	college	at	20,	and	law	school	at	23.	His	list	
	                                                               of	honors	is	remarkable	for	one	so	young.	By	age	24,	he	
Please	send	your	nomination	to:                                 was	well-regarded	within	the	Gainesville	legal	commu-
	                                                               nity	as	a	man	who	would	not	turn	down	a	case	because	
Paige	Graham,	Program	Administrator                             the	client	could	not	afford	to	pay	nor	because	the	client’s	
The	Florida	Bar                                                 cause	was	unpopular.
Criminal	Law	Section
651	East	Jefferson	St.                                          As	a	member	of	the	Executive	Council	of	the	Criminal	
Tallahassee,	Florida	32399                                      Law	Section,	he	displayed	the	same	zeal	and	dedication	
Phone: (850) 561-5628                                           to	justice	that	was	his	trademark	in	the	courtroom.	He	
Fax: (850) 561-5825                                             was,	as	many	have	said,	a	lawyer’s	lawyer,	a	man	who	pos-
                                                                sessed	the	best	attributes	of	the	profession	—	competence,	
wgraham@flabar.org
                                                                service,	compassion.
 Criminal Law Section - Monthly Update                                                                           Page 

                  The Florida Bar Continuing Legal Education Committee and the
                  Criminal Law Section present


                  Advanced Federal Practice
                  COURSE CLASSIFICATION: ADVANCED LEVEL

                  One Location: Thursday, January 28, 2010
                  The Epic Hotel • 270 Biscayne Boulevard Way • Miami, FL 33131 • 866-760-3742
                                                                                                      Course No. 0973R




8:00 a.m. – 8:20 a.m.                                                  CRIMINAL LAW SECTION
Late Registration                                               Carolyn M. Snurkowski, Tallahassee — Chair
                                                                 Sheryl J. Lowenthal, Miami — Chair-elect
8:20 a.m. – 8:30 a.m.                                             H. Scott Fingerhut, Miami — CLE Chair
Introduction
Kenneth Swartz, Miami, Program Chair                                         CLE COMMITTEE
                                                                       Paul H. Chipok, Orlando, Chair
8:30 a.m. – 9:20 a.m.                                              Terry L. Hill, Director, Programs Division
Strategies for Selecting a Federal Jury: Gaining an
Edge Before the Trial Begins                                   FACULTY & STEERING COMMITTEE
Michael Pasano, Miami                                             Kenneth Swartz, Miami — Program Chair
                                                                      Bernardo Lopez, Ft. Lauderdale
9:20 a.m. – 10:10 a.m.
                                                                           David Markus, Miami
Review of Eleventh Circuit Law and New Trends in                          Jane Moscowitz, Miami
Federal Criminal Law: Changes to Sixth Amendment                          Michael Pasano, Miami
Jurisprudence, Double Jeopardy Clause and the                          Donald Samuel, Atlanta, GA
Effects of the Second Amendment’s Right to Bear
Arms on Federal Firearms Offenses
Bernardo Lopez, Ft. Lauderdale
10:10 a.m. – 10:20 a.m.                                                     CLE CREDITS
Break
                                                                            CLER PROGRAM
10:20 a.m. – 11:10 a.m.                                                    (Max. Credit: 5.0 hours)
The Supreme Court’s 2009-2010 Term                                           General: 5.0 hours
Donald Samuel, Atlanta, GA                                                    Ethics: 1.0 hour

11:10 a.m. – 12:00 p.m.                                             CERTIFICATION PROGRAM
Avoiding and Defending Federal Money Laundering                           (Max. Credit: 5.0 hours)
Charges: More Than Just Basic Help                                      Criminal Appellate: 5.0 hours
Jane Moscowitz, Miami                                                     Criminal Trial: 5.0 hours
                                                      Seminar credit may be applied to satisfy CLER / Certification require-
12:00 p.m. – 12:50 p.m.                               ments in the amounts specified above, not to exceed the maximum
Ethics, Trials & Winning: Putting Them Together in    credit. See the CLE link at www.floridabar.org for more information.
Federal Court                                         Prior to your CLER reporting date (located on the mailing label of your
David Markus, Miami                                   Florida Bar News or available in your CLE record on-line) you will be
                                                      sent a Reporting Affidavit if you have not completed your required hours
                                                      (must be returned by your CLER reporting date).
 Criminal Law Section - Monthly Update                                                                                                      Page 

 REFUND POLICY: Requests for refund or credit toward the purchase of the audio CD or course books for this program must be in writing and
 postmarked no later than two business days following the course presentation. Registration fees are non-transferrable, unless transferred to a colleague
 registering at the same price paid. A $25 service fee applies to refund requests.




 Register me for the “Advanced Federal Practice” Seminar
 ONE LOCATION: (330) THE EPIC HOTEL, MIAMI (JANUARY 28, 2010)
 TO REGISTER OR ORDER AUDIO CD OR COURSE BOOKS BY MAIL, SEND THIS FORM TO The Florida Bar, Order Entry Department: 651
 E. Jefferson Street, Tallahassee, FL 32399-2300 with a check in the appropriate amount payable to The Florida Bar or credit card information
 filled in below. If you have questions, call 850/561-5831. ON-SITE REGISTRATION, ADD $25.00. On-site registration is by check only.
 Name _________________________________________________________ Florida Bar # ______________________________
 Address ________________________________________________________________________________________________
 City/State/Zip ______________________________________________________ Phone # ______________________________
                                                                                           WPG: Course No. 0973R
 REGISTRATION FEE (CHECK ONE):
     Member of the Criminal Law Section: $125                                                     Check here if you require special attention or
     Non-section member: $150                                                                    services. Please attach a general description of your
     Full-time law college faculty or full-time law student: $75                                 needs. We will contact you for further coordination.
     Persons attending under the policy of fee waivers: $0
      Includes Supreme Court, DCA, Circuit and County Judges, Magistrates, Judges of Compensation Claims, Administrative Law Judges, and full-
      time legal aid attorneys if directly related to their client practice. (We reserve the right to verify employment.) Fee Waivers are only applicable for
      in-person attendees.

 METHOD OF PAYMENT (CHECK ONE):
  Check enclosed made payable to The Florida Bar
  Credit Card (Advance registration only. Fax to 850/561-5816.)
    MASTERCARD  VISA  DISCOVER  AMEX                                                 Exp. Date: ____/____ (MO./YR.)
 Signature: ________________________________________________________________________________________________
 Name on Card: _____________________________________________ Billing Zip Code: _________________________________
 Card No. _________________________________________________________________________________________________




     Enclosed is my separate check in the amount of $25 to join the Criminal Law Section. Membership expires June 30, 2010.



                                 COURSE BOOK — AUDIO CD — DVD – ON-LINE
Private taping of this program is not permitted. Delivery time is 4 to 6 weeks after 1/28/10. TO ORDER AUDIO CD OR COURSE
BOOKS, fill out the order form above, including a street address for delivery. Please add sales tax to the price of tapes or books.
Tax exempt entities must pay the non-section member price.
Please include sales tax unless ordering party is tax-exempt or a nonresident of Florida. If this order is to be purchased by a tax-exempt organization, the
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   ❑  COURSE BOOK ONLY                                                            ❑  AUDIO CD
   Cost $50 plus tax                                                              (includes course book)
   (Certification/CLER credit is not awarded for the purchase of the course       $125 plus tax (section member)
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                                                     TOTAL $ _______                                                               TOTAL $ _______

                          Related Florida Bar Publications can be found at http://www.lexisnexis.com/flabar/
  Criminal Law Section - Monthly Update                                                                               Page 

Lawyers Earn Board                                                   	
                                                                     -							A	minimum	of	five	years	in	law	practice
                                                                     -							Substantial	involvement	in	the	field	of	law	for	which	
Certification in                                                     certification	is	sought
                                                                     -							A	passing	grade	on	the	examination	required	of	all	
Criminal Trial                                                       applicants
                                                                     -							Satisfactory	peer	review	assessment	of	competence	
                                                                     in	the	specialty	field	as	well	as	character,	ethics	and	pro-
Contact: Lisa M. Tipton, APR                                         fessionalism	in	the	practice	of	law
                                                                     -							Satisfaction	of	the	certification	area’s	continuing	
The	Florida	Bar	Board	of	Legal	Specialization	&	Educa-               legal	education	requirements
tion	in	2009	approved	board	certification	for	157	lawyers	
in	18	specialty	areas	of	legal	practice,	including	the	fol-          Board	certification	is	valid	for	five	years.		The	attorney	
lowing	lawyers	who	earned	board	certification	in	criminal	           during	that	time	must	continue	to	practice	law	and	at-
trial:		                                                             tend	 Florida	 Bar-approved	 continuing	 legal	 education	
                                                                     courses.	Recertification	requirements	are	similar	to	those	
Greg	McNeill	Lauer,	Fort	Lauderdale                                  for	 initial	 certification.	 Not	 all	 qualified	 lawyers	 are	
Spencer	Jet	Multack,	Fort	Lauderdale                                 certified,	 but	 those	 who	 are	 board	 certified	 have	 taken	
William	Richard	Ezzell,	Gainesville                                  the	extra	steps	to	have	their	competence	and	experience	
Geoffrey	Golub,	Melbourne                                            evaluated.	
Catherine	Chien,	Orlando                                             	
William	Robert	Jay,	Orlando                                          For	more	information,	please	visit	The	Florida	Bar	Web	
Adam	Lloyd	Pollack,	Orlando                                          site	at	Floridabar.org/certification	or	contact	The	Florida	
Andrea	Flynn	Morgensen,	Sarasota                                     Bar’s	Legal	Specialization	&	Education	Department	at	
Anthony	Gerald	Ryan,	Sarasota                                        850/561-5842.
Lisa	Baker	McLean,	Tampa
Patrick	Arnold	Lepore,	Viera
Joseph	Patrick	Walsh,	West	Palm	Beach

Certified	attorneys	are	the	only	Florida	lawyers	allowed	
to	identify	or	advertise	themselves	as	specialists	or	ex-
perts.	 	 Board	 certification	 evaluates	 attorneys’	 special	         SHARING THE NEWS
knowledge,	skills	and	proficiency	in	various	areas	of	law	
and	professionalism	and	ethics	in	practice.		Applications	
for	criminal	trial	board	certification	are	available	at	Flor-           Turn your ideas, opinion letters and even
idabar.org	and	are	due	each	year	by	Oct.	31.                            thoughtful commentary into an article for the
“The	Florida	Bar’s	board	certification	program	sets	high	               Criminal      Law    Section     E-Newsletter.      We
standards	for	lawyers	who	aspire	to	further	their	profes-               welcome articles in criminal law from a variety
sionalism	credentials,”	said	Florida	Bar	President	Jesse	
                                                                        of   perspectives      or   information     regarding
H.	Diner.	“Attorneys	who	earn	Florida	Bar	board	certifica-
tion	have	demonstrated	their	expertise	and	commitment	                  notable decisions (reported or not reported)
to	excellence	in	the	practice	of	law.”	                                 that may be of interest to our readers.
Certification	 is	 the	 highest	 level	 of	 evaluation	 by	The	         Articles should be submitted in Word format
Florida	Bar	of	the	competency	and	experience	of	attorneys	              to Paige Graham at wgraham@flabar.org.
in	areas	of	law	approved	for	certification	by	the	Supreme	
Court	of	Florida.			Florida	currently	offers	22	specialty	
areas	of	practice	for	which	board	certification	is	available,	
the	greatest	number	of	state-approved	certification	areas	
in	the	nation.		Two	new	areas	–	adoption	law	and	educa-
tion	law	–	have	been	approved	by	The	Florida	Supreme	
Court	 and	 will	 be	 available	 to	 lawyers	 for	 application	
later	this	year.

A	lawyer	who	is	a	member	in	good	standing	of	The	Florida	
Bar	 and	 who	 meets	 the	 standards	 prescribed	 by	 the	
state’s	Supreme	Court	may	become	board	certified	in	one	
or	more	certification	fields.	Only	4,300	of	Florida’s	87,000	
lawyers	are	board	certified.	Minimum	requirements	for	
certification	 are	 listed	 below;	 each	 area	 of	 certification	
may	contain	higher	or	additional	standards.
 Criminal Law Section - Monthly Update                                                                               Page 


                      The Florida Bar CLE
                Audio CD / DVD List & Order Form
                                                       TO OrDEr


8 ONLINE www.floridabar.org/CLE                      2 FAX 850-561-5816                               + MAIL
                                                                                                completed form with check to:
                                                  order form with credit card information
 Using the Audio/Video List, search ‘By Course      for MasterCard, Visa, Disover or                   The Florida Bar
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                        TO QuALIFy FOr ThE SECTION MEMBEr PrICE
 The attorney must be a member of the section sponsoring the course being purchased.
      Include the attorney’s name and Florida bar number on the order form.
 Entities (government agencies, law firms, libraries, etc.) are not Section members and must pay the Non-Section
  member price. S = Section member, N = Non-Section member.

                      PLEASE INCLuDE SALES TAX wITh yOur OrDEr
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  when placing orders or for inquiries.

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 If UPS is not a viable option, orders may be sent to a P.O. Box via U.S. Postal Service.
 Please indicate your preference on the order form.

           CD’s and Tapes come with a Course Book unless otherwise indicated on the AV Tapes List

                                             OrDEr FOrM ON BACK 
Criminal Law Section - Monthly Update                                                                                            Page 

                      Audio CD / DVD Order Form
Attorney’s Name: ____________________________________________ Florida Bar Number: ______________________
Firm Name:____________________________________________________Phone Number: ______________________
Street Address: _____________________________________________________________ Suite/Apt. #: ____________
City: ______________________________________________ State: ____________                          Zip Code: _________________
          CLER Deadline: ____________________        Certification Deadline: ______________________

                                                    OR:
Customer Number: ____________________________ Tax Exempt ID#: ______________________________________
Entity Name: _________________________________________Attn: _________________________________________
Street Address: ____________________________________________________________ Suite/Apt. #: ____________
City: ________________________________________________          State: __________ Zip Code: _________________
        Phone Number: _____________________         Purchase Order Number: _______________________

                             PLEASE ALLOW FOUR WEEKS FOR DELIVERY.
                   FLORIDA BAR COURSES ARE AVAILABLE FOR CREDIT ON-LINE 24/7 AT:

                           www.floridabar.org/CLE      8 Go to ‘Online Courses’
                                                                                              Format                       Cost
                                                                                      CD = Audio CD    *(Include 6% sales tax
                      Course Title                            Course #              DVD = Video on DVD + your County surtax)
1.                                                                                                                   $
2.
3.
4.
5.
6.
7.
8.
9.
10.
                                                            Subtotal                                                $
                                                            *Sales Tax (FL Resident)                                 $
                                                             Include sales tax unless ordering party is tax-exempt
                                                            TOTAL                                                   $


                                            PAYMENT TYPE:

                Check # ____________________           Check Amount $____________________

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Signature: ________________________________________________________________________________________

Name of Cardholder: _______________________________________            Billing Zip Code: _________________________

Card #: ______________________________________________________________                            Expiration Date: ____– 20____
                                                                                                                         Month      Year


                                                        2
                                                         APPELLATE PRACTICE SECTION
        Criminal Law Section - Monthly Update
        0692 Family Law Appeals   4.5      1.0 E                                         AP = 3.5      01/29/2009-     S = $135.00
                                                                                                                                     Page 
                                                                                                                                      S = $250.00
                             CD & DVD                                                    FL = 3.5      07/29/2010      N = $160.00    N = $275.00

        0722     Advanced Appellate Practice &           7.0               0             AP = 7.0      02/13/2009-     S = $135.00         Not
                   Certification Review 2009                                             CA = 7.0      08/13/2010      N = $160.00      Available


                                       The Florida Bar CLE
                               CD Only                                                   CT = 7.0                                        In DVD

        0737     Hot Topics in Appellate Practice        8.0             1.0 E           AP = 8.0      05/15/2009-     S = $240.00         Not
                   2009                                                                  CA = 8.0      11/15/2010      N = $265.00      Available


                                       Audio CD / DVD List
                               CD Only                                                                                                   In DVD

                                                                BUSINESS LAW SECTION
        0677     Bankruptcy Law & Practice: View         4.5           .5 E              BL = 3.5      11/06/2008-     S = $180.00         Not
                                                                 www.floridabar.org
                   from the Bench                                                                      05/06/2010      N = $205.00      Available
                             CD Only                                850-561-5629                                                         In DVD

        0808     So You THINK You Know Revised            8.0            0           BL = 6.0       02/12/2009-        S = $185.00         Not
                    Article 9? Avoid the Minefields:                                 EP = 1.0       08/12/2010         N = $230.00      Available
                    Complex Transactional &                                          IP = 1.0                                            In DVD
                                               KEY TO ABBREVIATIONS - CERTIFICATION CREDIT HOURS
                    Enforcement Issues                                              RE = 2.5
                                    AD
                               CD Only = Admiralty and Maritime                 ED = Elder Law
                                     AG = State & Federal Government &          EP = Wills, Trusts, & Estates
        0914     Bankruptcy Law & Practice: View Practice4.5
                                           Admin.                      1.0 E    FL =BL = 3.5 & Family Law
                                                                                                    10/15/2009-
                                                                                      Marital                          S = $215.00         Not
                    from the Bench AP = Appellate Practice                      HL = Health Law 04/15/2011             N = $240.00      Available
                               CD Only= Antitrust & Trust Regulation
                                    AT                                          IL = International Law                                   In DVD
                                    AV = Aviation                               IP = Intellectual Property
                                             CITY, COUNTY
                                    BL = Business Litigation & LOCAL GOVERNMENT LAW SECTION
                                                                                IM = Immigration & Nationality
        0678     34th Annual PublicCA = Criminal Appellate
                                      Employment         13.5          1.0 E        = Labor &
                                                                                LE AG = 10.0 Employment
                                                                                                    10/16/2008-        S = $320.00         Not
                    Labor RelationsCC = City, County, Local Government
                                     Forum                                          = Real Estate 04/16/2010
                                                                                RE CC = 10.0                           N = $345.00      Available
                                    CL
                               CD Only= Construction Law                        TX = Tax 1.0
                                                                                    ED =                                                 In DVD
                                    CR = Criminal Trial                         WCLE Workers’ Compensation
                                                                                     = = 10.0
                                    CT = Civil Trial
        0813     Sunshine Law, Public Records, and        7.5          4.0 E        CC = 7.5        02/06/2009-        S = $215.00         Not
                    Ethics Seminar                                                                  08/06/2010         N = $240.00      Available
                               CD Only                                                                                                   In DVD
                                             PLEASE ALLOW FOUR WEEKS FOR DELIVERY.
        0699     City, County and Local Government       8.0             1.5 E           CC = 8.0      05/07/2009-     S = $170.00         Not
                    Law Certification Review                                                           11/07/2010      N = $195.00      Available
                    Course 2009                                   Revised 11/5/2009                                                      In DVD
                               CD Only
        0700     32nd Annual Local Government            10.5            1.0 E           CC = 10.5     05/08/2009-     S = $275.00 COSTSNot
                   COURSE TITLE
                   Law in Florida                                 CREDITS HOURS          CL = 10.5     11/08/2010            S = Section Member
                                                                                                                       N = $290.00    Available
                             CD Only                                                     RE = 10.5                         N = Non-Section Member

                                                                CRIMINAL LAW SECTION
                                                                  E = Ethics
                  FORMAT AVAILABLE                                P = Professionalism
Course0709       Masters of DUI 2009                     7.5                0             CA = 5.5         Approval S = $150.00
                                                                                                       01/16/2009-                         Not
                    CD = AUDIO CD                     General     S = Substance Abuse    Certification                      CD                  DVD
 No.                         CD Only                                                     CR = 5.5           Period N = $175.00
                                                                                                       07/16/2010                       Available
                 DVD = VIDEO ON DVD                               MIA = Mental Illness
                                                                                                                                         In DVD
                                                                        Awareness
        0710 Advanced Federal Practice                   5.0              1.0 E          AG = 5.0      01/15/2009-     S = $125.00      Not
                           CD Only                      ADMINISTRATIVE LAW SECTION
                                                                              CA = 5.0                 07/15/2010      N = $150.00   Available
                                                                                         CR = 5.0                                     In DVD
 0750    2008 Pat Dore Administrative Law              11.0              1.0 E            AG = 11.0      10/02/2008-     S = $150.00          Not
      0713 Conference
             Topics in Evidence                          7.0             1.0 E             AP 5.5
                                                                                         CR = = 8.5    03/05/2009-       N = $175.00 = $250.00
                                                                                                          04/02/2010 S = $125.00   S       Available
                          Only
                      CDCD & DVD                                                           BL 5.5
                                                                                         CT = = 8.5    09/05/2010    N = $150.00 N = $275.00In DVD
                                                                                          CC = 11.0
        0597      Criminal Law Update                    8.0             1.0 E           CA = 6.0      04/17/2009-   S = $215.00   S = $250.00
 0789      State & Federal Government &                13.5              1.5 E             AP 6.0
                                                                                         CR = = 1.0                      S = $250.00
                                                                                                         03/12/2009- N = $240.00 N = $275.00
                                                                                                       10/17/2010                            Not
                               CD & DVD
               Administrative Practice (SFGAP)                                           IM = = 13.5
                                                                                          AG 1.0          09/12/2010     N = $275.00      Available
               Certification Review Course                                                CC = 3.0                                         In DVD
                            CD Only                              ELDER LAW SECTION         CT = 3.0
        0685 Due to cancellation of theReview
                  Elder Law Certification 2009           14.0              0             ED = 14.0     01/08/2009-     S = $280.00         Not
             Certification Review Course, audio CD
                     Course                                                              EP = 14.0     07/08/2010      N = $305.00      Available
              orders will be comprised of lectures
                                CD Only
               from the 2007 Certification Review                                        HL = 14.0                                       In DVD
            Course (0630C), the 2007 course book,
        0742     and Law Update
                Elderthe 2009 course book.               2.5               0             ED = 2.0      10/21/2008-    S = $50.00       Not
                             CD Only                                                     HL = 2.0      04/21/2010     N = $75.00    Available
 1049      State Government and                         8.0              1.0 E            AG = 8.0        06/11/2009-    S = $145.00 In DVD Not
                Course materials included on CD-ROM
              Administrative Practice                                                     AP = 8.0        12/11/2010     N = $170.00      Available
                        CD Only                                                           CC = 8.0                                         In DVD

 0882      The New Electronic Era in Public             8.0              3.0 E            AG = 8.0       09/18/2009-      S = $165.00           Not
                                                                            4
             Records and Government in the                               1.0 P            CC = 8.0       03/18/2011       N = $190.00        Available
             Sunshine                                                                                                                         in DVD
   Criminal Law Section - Monthly Update                                                                                                   Page 10
                                                          Criminal Law Section
                                                       2009-2010 Executive Council
Ms. Carolyn Marie Snurkowski, Chair       Mr. Robert Henry Dillinger              Mr. Martin Patrick McDonnell            Mr. William C. Vose
4519 Camden Rd.                           14250 49th St. N.                       Rutledge Ecenia Purnell, et al          1104 Bahama Dr.
Tallahassee, FL 32303-7224                Clearwater, FL 33762-2800               119 S. Monroe St., Ste. 202             Orlando, FL 32806-1440
(850)414-3300                             (727)464-6865                           Tallahassee, FL 32301-1529              (407)836-2426
Fax: (850)487-0997                        Fax: (727)464-6900                      (850)681-6788                           Fax: (407)836-2499
Email: carolyn.snurkowski@                Email: pd6@wearethehope.org             Fax: (850)681-6515                      Email: wcvose@cfl.rr.com
   myfloridalegal.com                                                             Email: marty@reuphlaw.com
                                          Mr. Douglas Duncan                                                              Honorable Samantha Lee Ward
Ms. Sheryl Joyce Lowenthal, Chair-        Roth & Duncan                           Mr. Richard L. Polin                    George Edgecomb Courthouse
   elect                                  P.O. Box 770                            Attorney General’s Ofc.                 800 E. Twiggs St., Ste. 421
Two Datran                                West Palm Beach, FL 33402-0770          444 Brickell Ave., Ste. 650             Tampa, FL 33602-3549
9130 S. Dadeland Blvd., Ste. 1200         (561)655-5529                           Miami, FL 33131-2406                    (813)276-2060
Miami, FL 33156-7848                      Fax: (561)655-7818                      (305)377-5441                           Fax: (813)301-3796
(305)670-3311                             Email: dnd325@aol.com                   Email: richard.polin@myfloridalegal.    Email: wardsl@fljud13.org
Fax: (305)670-7003                                                                   com
Email: sjlowenthal@appeals.net            Ms. Ann Elizabeth Finnell                                                       Honorable Michael R. Weatherby
                                          Finnell, McGuinness & Nezami, P.A.      Mr. Scott Neil Richardson               Duval County Courthouse
Honorable Lisa M. Porter, Secretary       233 E. Bay St., Ste. 601                Scott N. Richardson, P.A.               330 E. Bay St., Ste. 204
Broward County Courthouse                 Jacksonville, FL 32202-3431             1551 Forum Pl., Ste. 300-F              Jacksonville, FL 32202-2900
201 S.E. 6th St.                          (904)791-1101                           West Palm Beach, FL 33401-2307          (904)630-2524
Fort Lauderdale, FL 33301-3303            Fax: (904)791-1102                      (561)471-9600
(954)831-0601                             Email: afinnell@fmnlawyers.com          Fax: (561)471-9655                      Mr. Paul H. Zacks
Email: jporter@17th.flcourts.org                                                  Email: snr@snresq.com                   State Attorney’s Office
                                          Mr. Jeffrey Mark Harris                                                         401 N. Dixie Hwy.
Mr. H. Scott Fingerhut, Treasurer         Jeffrey M. Harris, P.A.                 Mr. Harvey Joel Sepler                  West Palm Beach, FL 33401-4209
H. Scott Fingerhut, P.A.                  1 E. Broward Blvd., Ste. 925            Public Defender’s Ofc.                  (561)355-7100
2400 S. Dixie Hwy., Fl. 2                 Fort Lauderdale, FL 33301-1845          1320 N.W. 14th St.                      Email: pzacks@sa15.state.fl.us
Miami, FL 33133-3156                      (954)522-7000                           Miami, FL 33125-1609
(305)285-0500                             Fax: (954)522-7008                      (305)545-1600                           Ms. Angelica Dianne Zayas
Fax: (305)854-8782                        Email: jmhcrimlaw@aol.com               Fax: (305)545-1999                      State Attorneys Office
Email: hsfpa@aol.com                                                              Email: hsepler@pdmiami.com              1350 N.W. 12th Ave.
                                          Mr. Richard L. Hersch                                                           Miami, FL 33136-2102
Mr. Terry L. Hill, Director of Programs   Hersch & Talisman, P.A.                 Mr. Joel Michael Silvershein            (305)547-0860
651 E. Jefferson St.                      2937 S.W. 27th Ave., Ste. 206           State Attorney’s Off                    Fax: (305)547-0865
Tallahassee, FL 32399-6584                Coconut Grove, FL 33133-3772            201 S.E. 6th St., Ste. 660              Email: angelicazayas@miamisao.com
(850)561-5700                             (305)358-0570                           Fort Lauderdale, FL 33301-3334
Fax: (850)561-5825                        Fax: (305)358-1916                      (954)831-7913                           Ms. Jennifer Mary Zedalis
Email: thill@flabar.org                   Email: htlawmiami@aol.com               Fax: (954)831-6448                      Levin College of Law
                                                                                  Email: jsilvershein@sao17.state.fl.us   P.O. Box 117626
Honorable Stanford Blake, Legislative     Mr. Les Hess                                                                    Gainesville, FL 32611-7626
   Chair                                  415 N. Orange Ave.                      Mr. Kenneth M. Swartz                   (352)392-0412
Crininal Division                         P.O. Box 1673                           Swartz and Lenamon                      Fax: (352)392-0414
1351 N.W. 12th St., Ste. 423              Orlando, FL 32802-1673                  100 Biscayne Blvd., Ste. 3070           Email: zedalis@law.ufl.edu
Miami, FL 33125-1630                      (407)836-2400                           Miami, FL 33132-2300
(305)548-5721                             Fax: (407)836-2333                      (305)579-9090
Fax: (305)548-5512                        Email: lhess@sao9.org                   Fax: (786)425-2380
Email: sblake@jud11.flcourts.org                                                  Email: ken@swartzlawyer.com
                                          Ms. Susan Odzer Hugentugler
Mr. Dennis G. Kainen, Board Liaison       201 S.E. 6th St., Ste. 660A             Mr. Brian Lee Tannebaum
Weisberg and Kainen                       Fort Lauderdale, FL 33301-3334          Tannebaum Weiss PL
1401 Brickell Ave., Ste. 800              (954)831-7913                           150 W. Flagler St., Ste. 2850
Miami, FL 33131-3505                      Fax: (954)427-6529                      Miami, FL 33130-1539
(305)374-5544                             Email: shugentugler@sao17.state.fl.us   (305)374-7850
Fax: (305)358-8565                                                                Fax: (305)374-0081
Email: attorneys@weisbergandkainen.       Honorable Cynthia Gelmine Imperato      Email: bt@tannebaumweiss.com
   com                                    Broward County Courthouse
                                          201 S.E. 6th St., Rm. 7760              Mr. George Euripedes Tragos
Mr. Larry Donald Murrell, Jr.,            Fort Lauderdale, FL 33301-3303          SunTrust Bank Building
   Immediate Past Chair                   (954)831-1653                           601 Cleveland St., Ste. 800
L. D. Murrell, P.A.                       Email: jimperat@17th.flcourts.org       Clearwater, FL 33755-4169
400 Executive Center Dr., Ste. 201                                                (727)441-9030
West Palm Beach, FL 33401-2922            Mr. Abraham Laeser                      Fax: (727)441-9254
(561)686-2700                             1525 Daytonia Rd.                       Email: george@greeklaw.com
Fax: (561)686-4567                        Miami Beach, FL 33141-1730
Email: ldmpa@bellsouth.net                (305)725-5505                           Mr Larry Gibbs Turner
                                          Email: abe@laeser.us                    Larry Gibbs Turner
Mr. Lewis H. Buzzell III                                                          204 W. University Ave., Ste. 7
9443 Crystal Springs Rd.                  Ms. Calianne P. Lantz                   Gainesville, FL 32601-5205
Jacksonville, FL 32221-1320               P.O. Box 1768                           (352)372-4263
(904)786-8096                             Hallandale, FL 33008-1768               Fax: (352)375-5365
Email: lhb3@hotmail.com                   (786)999-4174                           Email: lgt@turnerandhodge.com
                                          Email: caliannel@aol.com

				
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