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Lake Legal News A Quarterly Magazine

Issue No. 25

Sentenced To Read Our 25th Issue!

p. 28

Also: Judge Thomas D. Skidmore Retires The Robe...


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La ke Issue No. 25

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8

Meet A Law Student: Law student

8.

Sara Frick is a Certified Legal Intern who is readying herself for July's Florida Bar exam.

10.

Advertising Secrets:

12.

Judge Thomas D. Skidmore has retired after serving on the bench for 27 noteworthy years in Sumter County, Florida.

20.

Quick-Read: Attorney Ron Fox penned

24.

Some handpicked humor from the finest batch of cartoons available. (Licensed, by the way, not stolen!)

Our first installment carries the intriguing title, “Why I Divorced The Telephone Book.” Read and learn!

Feature:

a short letter to show his appreciation for Judge Hale R. Stancil—recently retired from the bench.

Humor's Last Stand:

PHOTO: James Hope, J.D.

12

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Like LAKE LEGAL NEWS on Facebook!

ART: CagleCartoons.com / KAP

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Lake Legal News Feb. 2016

Lake Legal News A Quarterly Magazine

Issue No. 19

Admitted 1958

Remembering

ke La

Lawye

r

“Let Your Mind Wander Back...”

James Durden

Mr. Durden

PHOTO: www.stancilreunion.com

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Lake Legal News

Lake Legal News

Lake County's Most ‘Hypnotic’ Trial...

T wo Champs Retire From The Ring

A Quarterly Magazine

Issue No. 23

A Quarterly Magazine

Issue No. 17

3¢ p. 30

Also: Anonymous Web Confessions...

p. 30 Also: Secrets Of The Gaylord Manor...

p. 30 Also: LakeCountyBar.Org Gets A Make-Over!

Lake Legal News A Quarterly Magazine

Issue No. 25

Sentenced To Read Our 25th Issue!

p. 28

Also: Judge Thomas D. Skidmore Retires His Robe...

“ I r e a(Oduri#t1 rceoadverecrom- tmoe-nct)o v e r ! ” Lake Legal News A Quarterly Magazine

Issue No. 21

Lake Legal News A Quarterly Magazine

Issue No. 22

Lake Legal News A Quarterly Magazine

Issue No. 20

Lake Legal News A Quarterly Magazine

Issue No. 16

SPECIAL REPORT: No Longer Tinkering With The Machinery Of Death... Also: The Milton Chronicles

5

th Anniversary Issue!

The Day We All Got Sued p. 30

p. 30 Also: Pauline — “My Life & Times”

Vanishing Act! Lake's Law Library

p. 30 Also: Our Album Of Lost & Forgotten Photos...

p. 30 Also: Lake County Speed Traps (Part 2)


La ke 28.

Legal News Issue No. 25

Psychology On The Brain:

34.

Our current topic concerns an expression you've probably heard: “Parental Alienation Syndrome.”

Book Br iefs:

36.

Author, radio talk show host and syndicated book reviewer Gary S. Roen shares his book reviews with Lake Legal News.

L ega l Blott er:

40.

Newsworthy happenings from the civil and criminal arena, with a local emphasis.

46.

Quick-Read: What

48.

At t orney Di rec t or y: A

50.

A hodge-podge of local announcements and other random tidbits that strike our fancy.

52.

Last Rol l Of Fi lm: ‘Around town’

can we say? These are the photos that we didn't have the courage to publish... until now!

PHOTO: Thinkstock / Getty / Priisk

Twenty-five consecutive Issues is a milestone for a quarterly publication, so we are giving ourselves a little pat on the back. We hereby “sentence” you to read Issue No. 25!

PHOTO: Thinkstock / Getty / Roob

Ma i n Feat u re:

PHOTO: Bonnie Whicher

and other photo events—look for someone you know.

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46

helpful directory of attorneys listed by their main area of practice.

Community Cork Boa rd:

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Lake

Legal News

Publisher / Executive Editor James Hope, J.D. Website:

www.AttorneyJamesHope.com

Associate Editor Marilyn M. Aciego Contact:

LakeLegalMarilyn@Gmail.com

Official Photographer Bonnie Whicher Website:

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Official Webmaster Kevin Robson Website:

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Advertising James Hope, J.D.

Photo: Bonnie Whicher

Contact: Contact:

LakeLegalNews@Gmail.com

Marilyn M. Aciego

LakeLegalMarilyn@Gmail.com

Cover Photo Thinkstock / Getty Images/ Roob Contributing Authors Ronald E. Fox, J.D. Danielle Archer, Ed.D., LMHC Gary S. Roen

All contents 漏 2016 by James Hope D/B/A Lake Legal News. All rights reserved. Printed in the United States of America. Nothing may be reproduced in whole or in part without written permission from the publisher. Lake Legal News is not responsible for the contents, products, or services represented in any advertisements. Statements and opinions expressed in this publication are those of the authors and are not necessarily those of Lake Legal News or its staff. Any advice contained within this publication is general in nature, and is not intended to be relied upon in lieu of an actual consultation with a licensed attorney concerning the specific facts of your own situation and the most current state of the law. Unless pursuant to prior written arrangements with Lake Legal News, all submitted materials, whether written, photographic, or in other form will become the permanent property of Lake Legal News and shall be treated as unconditionally licensed and assigned to Lake Legal News for publication in print, via the internet, or through other medium, however logos and other legal marks as well as original copyrights remain the property of their respective owners. All submissions grant a right to Lake Legal News to edit said materials for accuracy, brevity, legality, or other concerns, and to title, caption, or make editorial comment upon such materials. Persons submitting materials agree to hold the publisher and staff of Lake Legal News harmless against claims of defamation, copyright infringement, invasion of privacy and unauthorized use of any person's name, photograph or personal information.

For advertising information and all other inquiries about this publication, contact the Publisher / Executive Editor: Write: Lake Legal News 路 Post Office Box 790 路 Tavares, FL 32778 E-mail: LakeLegalNews@Gmail.com 路 Visit: www.LakeLegalNews.com Phone: 352-408-6338

6

Lake Legal News Feb. 2016


Photo: Bonnie Whicher

James Hope, J.D. Publisher Executive Editor

prognostications pontifications platitudes prattle f r^om the Publisher FEBRUARY, 2016

She's baaaaack! Just when it seemed as if our May, 2015 cover story (“The Day We All Got Sued”) would be nothing more than a stroll down memory lane—back to the day in 2000 when pro se (and typically in forma pauperis) litigant Brenda C. Armstead sued more than 200 hapless Lake County “defendants” in a single day—the magic of Google has since revealed Armstrong's November, 2015 lawsuit against the Honorable Governor Jerry Brown. The lawsuit is listed online as having been (gulp!) “Terminated” just last month, but doubless the will-to-sue lives on! Changing subjects completely, you can tell by our notso-subtle cover that this time around we give a not-sosubtle nod to a proud milestone—25 consecutive quarterly Issues of Lake Legal News. (Plug in our motto here for new advertisers: “Go Quarterly, Or Go Broke!” Or try our back-up motto: “You're Making Other Publishers Rich!”) Funny, though: A fellow attorney who by now should know my sense of humor inside-and-out said to me, “You know that your cover makes it seem as if people are being ‘sentenced’ to read your 25th Issue, right?!” (Like I said: Not-so-subtle. Call me “guilty as charged.”) Read the Lake Legal News Issues you missed at: www.LakeLegalNews.com

Lake Legal News Feb. 2016

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meet A La W

St

ud ent

Sara Frick University of Florida College of Law How many people can look back on their life and remember that pivotal moment that their life took direction? When most children her age were just trying to stay within the lines while coloring, Sara Frick was already negotiating contracts. “I wrote a contract when I was little, when I was 5 or 6 [years old]. My dad promised to take me to McDonald's and he would break his promises—so I made him put it in writing.” Born in Orlando, Florida, Sara moved to Tavares when she was 8 years old. She is a graduate of Tavares High School and served as student government president and captain of the softball team—a sport she played for a decade. “I consider Tavares my hometown. Most of my growing-up memories are here and all my friends are from here,” Frick tells Lake Legal News. (Although it was likely already obvious to those around her, Frick's decision to go into law was solidified during an AP Government class in high school.) “I just love the Constitution. I love the way our government is set up… that was sort of my springboard to go to law school.” Frick's love for the law is apparent from the

Writer: Marilyn M. Aciego Photo: Bonnie Whicher

two golden feathers she wears around her neck, inscribed with “Boo” and “Scout”— characters from Harper Lee's classic, book “To Kill a Mockingbird.” A gift from her little sister, the necklace is both a symbol of sisterly love and Frick's own love for the law. Frick attended college at the University of South Florida and is finishing up her law degree at the University of Florida; she is scheduled to take the Florida Bar exam in July. “I'm a Certified Legal Intern, so I can practice [law] but I can't rent a car yet,” she relates with a chuckle. “I'm responsible enough to fight for people's liberties, but apparently not responsible enough to rent a car.” (A Certified Legal Intern is a law student approved by the Florida Supreme Court to represent clients under the supervision of a licensed Florida attorney—in this case, she interns with Public Defender Mike Graves.) When Frick started law school she planned to go into business law, but was not fond of it, so she directed her attention to criminal law. And after getting a taste of it at the Public Defender's Office her mind is definitely made up: “I can't imagine not doing criminal law.” 

Frick is a Certified Legal Intern; the Florida Bar exam awaits her in July. 8

Lake Legal News Feb. 2016


Hey, did you miss an Issue? Catch-up by reading it online: Go to www.Issuu.com and search for “Comedy-Watch”...

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... If you don't find at least 51% of the things in these magazines funny, then go back to your planet—you're not human! For advertising information: www.LakeLegalNews.com

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Advertising Secrets:

Getty Images / eugeneivanov

Today: “WHY I DIVORC TELEPHONE BOOK”

O

ur lesson begins in 1992, when I made my break from the state attorney's office—boldly opting to try my hand as a solo practitioner. While life has whizzed along at a breakneck pace during what will soon be (amazingly), the last quarter of a century, I still have the same law office telephone number that I originally secured back in 1992. But I divorced the telephone book long ago.

 by James Hope, J.D.

tionist, optional.) Notice, however, that none of that, by itself, will supply you as a lawyer (or any business, for that matter), with what really counts. The sine qua non: Clients! Enter, the telephone book: Let's not beat around the bush. Let's call the telephone book what it truly was, back in 1992. It was a “must.” If someone needed an attorney (or plumber, auto mechanic, or whatever), then that person was going to pick up a telephone book. Meaning a real book, with real alphabetized, sectional pages. And if you hoped to ever see your first client walk through the door, then that client had better be able to find your ad in the telephone book.

Back then, the solo practitioner ‘checklist’ used to open one's own law practice wasn't all too intimidating: Phone number, business cards, letterhead and envelopes, stack of legal pads and pens, simplistic computer (or the glorified typewriter that was called a computer back then), basic office furniture to adorn a Yes, what an amazing journey it was to sit basic office, and some law books. (Recep- down with your first phone-rep and learn 10

Lake Legal News Feb. 2016


about Mr. Hope...

CED THE

...a life-long entrepreneur with book, stage and television credits, attorney James Hope had his first professionally-printed business cards by age 10. He has sold mail-order products of his own devising all over the world. As a lawyer with a solo practice, he spent $300,000 of his own money becoming an advertising 'victim' before creating Lake Legal News to help other small businesses escape the trap of high-priced ads.

the dizzying array of options at hand. Little did I suspect at first, however, that my telephone book salesperson occupied essentially the same function in society as a drug-pusher—taking me from my first small ‘gateway’ ad, on to the highly addictive ‘hard stuff.’ You know the names: “In-column ads.” “Dollar-bill ads.” “Three-quarter ads.” “Double-trucks.” “Bold headings.”“Black-plus-one-color ads.” “Full-color ads.” “Placement” promises. And who could ever forget the clever Mafia tactic disguised as your best friend, “loyalty placement?!” Here's a rough example of how it worked, in a nutshell:

YEAR THREE ($880/mo.): ‘Switch over to two Dollar-bill ads this year, and I can offer you one color and give you a free In-column ad with a Bold-heading!’ ‘What? No, I can't eliminate any free ads and reduce the price—it's free, but only kinda-sorta. It's worth nothing if you want to eliminate it. Only if you go to buy it.’ ‘Hey, don't take risks with your business—if you drop down in size you will lose your loyalty placement and lots of other people's ads will jump in front of yours.’ ‘Great, then $880 it is!’ YEAR FOUR $1,400/mo.): ‘Clobbered?! I'll tell you why you're getting clobbered! Because everyone with a full-page, fullcolor ad is leaving you in the dust! (Oh, and by the way, this year we've added a great “What To Do In Astatula” map to the middle section of the book, if I didn't mention that.)’ ‘Great, and congratulations! You're full-page this year, with a free Dollar-bill ad and two Bold In-columns.’

YEAR ONE ($300/mo.): In all likelihood, a beginning business could only afford a rather small telephone book ad. ‘Not a problem, we're here to help.’ [Wink.] ‘In fact, if you agree to go just one size larger, we can give you this second ad on a different page, under a second heading, for free!’ ‘Sounds great?—Well congratulations, you're in the book—twice!’ And so it went, year after year, until locally we had three competing telephone books, YEAR TWO ($415/mo.): ‘Your ads did all being used by people as forgotten doorfantastic last year, and to run them stops. The telephone book had eventually again this year will only incur a slight become the dinosaur book and I dropped it increase of about $100 a month.’ cold turkey—but sadly—years too late. 

Lake Legal News Feb. 2016

11


Sumter County Judge Thomas D. Skidmore Retires His Robe After 27 Years On The Bench ...

12

Lake Legal News Feb. 2016


(Story begins on p. 16)

Lake Legal News Feb. 2016

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Lake Legal News Feb. 2016

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Sumter County Judge

Retiring The Robe After 27 Years

U

16

nless the title of “Senior Judge” crosses his path sometime in the future, then he's hung up his robe and banged his gavel for the last time. Having ably presided for 27 years in Sumter County, Florida, Circuit Judge Thomas D. Skidmore finally decided to come to grips with the dreaded R-word. Retirement. He is hoping that such newfound freedom brings relaxation and travel.

always “upholding the requirements of a judge to maintain decorum in a courtroom and to be patient and fair,” adding, “[Judge Skidmore] served as a mentor to me. Any success I've had as a judge, he has had a great deal of influence over that success.”

Speaking on December 21, 2015, before the retiring judge and a courtroom filled with well-wishers, Judge William H. Hallman, III (administrative Judge for Sumter County), highly praised Skidmore for the manner in which he ran his courtroom during the years 1988 to 2015. Hallman told the crowd that he admired Skidmore for

Garry Breeden, Chair of the Board of Sumter County Commissioners, had his own fond memories of working closely with Skidmore on several projects over the years. “It was always a pleasure and honor to work with Judge Skidmore, whatever the issue might be, whatever we were doing, he was there—he would get in the

Lake Legal News Feb. 2016

Writer: James Hope, J.D. Photos: James Hope, J.D.


Thomas D. Skidmore: middle of it, he would help resolve it.” Also on hand to make a formal presentation (in ode form—“Gavel + Robe = Travel the Globe”) was Sumter County Bar Association President James E. Wade, III. Wade's first job—literally days following his final battery of law school exams— was to begin working for Skidmore. Wade helped with Skidmore's first judicial campaign, 27 years ago, and so, as Wade told the gathering, “We've been together since the beginning.” (Skidmore was never challenged for his position as county judge.) As the presentation continued, Sumter County Supervisor of Elections Karen S. Krauss recalled how she and Skidmore had worked about 60 elections together, highlighting that “like a good marriage,” the two fulfilled their Canvassing Board duties and “never argued once” in the nearly 20 years they spent together professionally. When it was his turn to speak, Skidmore began by admitting being “completely overwhelmed for the past 24 hours” by a flood of feelings and remembrances. He broke the ice by joking that in looking out at all those densely packed into his courtroom, “it almost looks like one of my criminal arraignments! ” (Following the laughter he added, “this is a rough crowd!”) Skidmore also ‘tested’ to make sure the courtroom microphone was working—“Guilty, Guilty, 1-2-3,” as more laughter ensued.

Dear Judge Skidmore: On behalf of the Sumter County Board of County Commissioners [we are] writing to congratulate you on your upcoming retirement as county judge of Sumter County, Florida, Fifth Judicial Circuit Court, in and for Sumter County, Florida. We would also like to express our appreciation of your extensive service in Sumter County. Your hard work and diligence over the past 38 years has greatly benefitted our community. The awards and recognition you received throughout your career demonstrate the quality of leadership present in Sumter County, making our county a constructive leader in the State of Florida. Since your election to county judge in September of 1988, you set an excellent example of service and career-long commitment to promote the cause of justice, to uphold the rule of law, and to protect the rights of all citizens before your court. You have truly earned your retirement and we hope that you enjoy it to the fullest. Sincerely, Sumter County Board of County Commissioners

he Photos! — Pages 12 - 15 See All T

Quite fittingly, Skidmore's wife (April— “my college sweetheart, the love of my life”), was present to share her husband's big day. With a wry grin, the judge openly confessed to all: “She sees things in me that may remain elusive to the rest of you.”  Lake Legal News Feb. 2016

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Photo: http://www.stancilreunion.com/hale.html

Getty Images

Appreciating Judge Hale Ralph Stancil Facts Facts: • Received his undergraduate degree from the University of Florida in 1968; earned his law degree from Stetson University College of Law in 1973. (Law studies were interrupted by service in the U.S. Marine Corps from 1969 to 1971.) • Served as an assistant public defender in Ocala, Florida, before opening a solo law practice. • Retired on December 31, 2015, after serving more than three decades as a Florida judge. First began serving as a Marion County judge (January 1983 to December 1993), was thereafter appointed by Governor Lawton Chiles to the circuit bench— with a tenure beginning in January, 1994. • Notable quote: “I tell those I put on probation or community control, they are going to do it my way. I tell them, ‘this Court ain't Burger King. You do it my way, or you will probably go to prison.’”

Attorney Ronald E. Fox is a Board Certified Criminal Trial Lawyer, practicing in Umatilla, Florida. He graduated from Stetson University College of Law in 1974 and was admitted to practice here in Florida that same year. The letter (pages 21-22) was written, in part, to congratulate Judge Stancil on his well-earned retirement.

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Lake Legal News Feb. 2016


Getty Images

Getting to Know Judge Hale Stancil: Most of my classmates (class of 1974) at Stetson University College of Law and I were children of the 60's, proud members of the Woodstock generation, participants in the student strikes in opposition to the Vietnam War, which closed colleges and universities across the country. We were letting our freak flags fly!! We had a classmate many of you know from his work with the State Attorney’s Office in Ocala. John Moore was somewhat of an anomaly. He spoke with a southern country accent, and wore cowboy boots, before country was cool. He was proud to say he was from Ocala, causing many of us to think Ocala must be another planet. When I was hired to be an Assistant Public Defender in Ocala in 1978, thoughts of my old classmate, John Moore, came rushing back. I had retained my hippiesque appearance, sporting a full beard and my hair flirting with my shoulders. I imagined being a fish out of water immersed in a legal community full of gun toting, country talking, cowboy boot wearing, pick-up truck driving, redneck lawyers. Hale Stancil was the first lawyer I met in Ocala over 37 years ago. As I feared, he was wearing cowboy boots and spoke with a distinctive southern drawl, but he could not have been more helpful and friendly to me. I didn’t see a gun, or a pick-up truck, until lunch. Our boss, Bob Pierce, went to lunch with us. Before we left the office, Bob made sure he took his handgun out of the desk and concealed it in his jacket. Hale was going to give me a ride to lunch. He directed me to his vehicle in the parking lot. It was the biggest, longest, Lake Legal News Feb. 2016

21


Getty Images

reddest pick-up truck I had ever seen. At the restaurant, Hale let me know Mr. Pierce had to sit away from the windows, in a corner with his back against the wall. This he explained was because Bob Pierce’s secretary had been kidnaped from his Public Defender’s Office in Tavares and murdered by the mother of a disgruntled client several years earlier. So ended my introduction to Ocala. Had it not been for Hale Stancil’s reassurance that this was all perfectly normal, I probably would have jumped in my car and left Ocala forever. When I came to Ocala Hale Stancil was the only Assistant Public Defender in Marion County and he was part time. I was the first full time Assistant Public Defender there. We both worked for the original post-Gideon Public Defender. Hale invited me to a Christmas party at his private law office on Silver Springs Boulevard. To this day it is the only law office I have been in that was equipped with a pool table. I am privileged to have known Hale Stancil as a judge, lawyer and person. He was the first person from the court system to reach out to me upon the unexpected death of my son, Tyler, more than nine years ago. I know that was very difficult. I will never forget him for that. Judge Stancil’s tireless dedication to the bench, and his nearly child like curiosity, and enthusiasm about the law are admirable examples for others to follow.

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Lake Legal News Feb. 2016

RON FOX


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L a ke L

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Issue N

The Journey To:

Issue No. 25 Sente nced T o Rea Ou r 25 d t h Iss ue!

“Thank You” To All Of Our Loyal Readers! A l s o:

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Judge

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erhaps not so obvious is the fact that it takes a quarterly publication far longer to reach its milestones than a daily paper, or even a monthly magazine. So 25 consecutive quarterly Issues made more true by the fact that when the feels like a ‘big deal’ to those of us here magazine was launched in 2009 it was genat Lake Legal News—and becomes a cause (Continued on page 30) for minor, controlled celebration. This is 28

Lake Legal News Feb. 2016

w

 by James Hope, J.D.


Photo: Thinkstock / Getty Images / Roob

No. 25

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(Continued from page 28) L a ke L

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Issue N

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Sente nce Ou r 25 d To Read t h Iss ue!

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erally accepted that times were tough— really, really tough—for advertising mediums of all sorts. And so the conventional thought became, ‘If one can make it in this low-ebb financial environment, one can probably make it altogether.’ An analogy would be that of surviving a long and arduous drought long enough to eventually plant a successful crop and eat well. In 2010, the Academy of Motion Picture Arts and Sciences decided that Oscar winners should hold their acceptance speeches to 45 seconds, and this year the whole “thank-you” bit was relegated to a scrolling list of names at the bottom of the TV screen. Thus, in keeping with current media trends (Ha!), we are now scrolling the names of Marilyn M. Aciego, Bonnie Whicher, and Kevin Robson before your very eyes. (Well, the “scrolling” aspect looses something when you move from TV to a printed page, we know, but the sentiment is still there.) Of course, one drawback to having a quarterly publication is that good ideas—OK, what we happen to think are good ideas— tend to quickly backlog. Some story ideas get pushed back several cycles because in the intervening 90 days a ‘current event’ arises which must take precedence, lest the story go completely stale. On the flipside, those same backlogged stories mean that the well-of-ideas never seems to run dry. On occasion we've found that by pure coincidence another publication will run with an idea that we had planned to publish months earlier, but the piece planned for LLN had to give-way for one reason or another. Surely the shoe has been on the other foot when it comes to articles that LLN managed to pull the trigger on first. In either case, certainly no publication rel-

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Getty Images / allanswart

How This Whole Magazine-Machine Thing Really Works... (1) JAMES HOPE gets a ‘brainstorm’ of a story idea. If he's feeling lazy, he calls Marilyn and asks her to write it. If he's feeling ambitious (or cheap!), he writes it himself. “If” he remembers, he has Marilyn proofread the article before it's sent to the printer. (When he forgets, he's more often than not very embarrassed by typos.)

(1)

(2) MARILYN M. ACIEGO puts her ‘associate editor skills’ to work — which is actually a breeze for her, after having spent the past fifteen years as a professional journalist. (Marilyn has done a private sit-down interview with Shaquille O'Neal in his Florida home and has answered questions numerous times thrown at her by TV's Nancy Grace. She can handle this little magazine gig, for sure.) (3) BONNIE WHICHER gets a telephone call — usually on short notice ! — to take her camera on-location somewhere, or take a professional ‘head-shot’ in her Tavares studio. Fortunately for us, with Bonnie's experience she can use her camera (practically in her sleep) to make just about anyone look fantastic. (4) KEVIN ROBSON has the luxury of coming in at the end of all the chaos. The web site he built has worked flawlessly for years, and all that is required now is a quarterly upload of the newest magazine — which Kevin always gets done lightning-fast. (4)

(3)

(2)

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ishes coming off looking like the copycat. Looking back at the past 25 Issues from a slightly different perspective, we want to sincerely thank attorneys John Oldham and Greg Smith for keeping their record-setting hold on the magazine's back cover. (Every shopping mall needs an anchor store, and every magazine needs and anchor advertiser.) Their law firm has been with us since “Issue No. 1,” and we are extremely grateful to their firm for serving as an advertising backbone to this magazine.

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To one-and-all, please continue to read and enjoy Lake Legal News for as long as the stamina to publish it holds up; and if your humble publisher manages to stay a glutton for punishment, then look for future Issues of Comedy-Watch, as well. 

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quality of the parent-child relationship arental Alienation Syndrome is a is affecting the course, prognosis, or term coined by the psychiatrist, treatment of a mental or other mediRichard Gardner, over 20 years ago. cal disorder. Typically, the parentDr. Gardner defined it as, “a disorder that child relational problem is associated arises primarily in the context of child cuswith impaired functioning in behavtody disputes. Its primary manifestation is ioral, cognitive, or affective domains. the child's campaign of denigration against a parent, a campaign that has no justification. It results from the combination of • Child Affected by Parental Relationship Distress: This classification should a programming (brainwashing) parent's be used when the focus of clinical indoctrinations and the child's own conattention is the negative effects of tributions to the vilification of the target parental relationship discord (e.g. parent.” Children's views of the targeted high levels of conflict, distress, or parent are almost exclusively negative, disparagement) on a child in the to the point that the parent is demonized family, including effects on a child's and seen as evil. At the time of publicamental or other medical disorders. tion of this article, Parental Alienation Syndrome is not recognized by the American Psychiatric Association (APA) as a syn- • Disruption of a Family by Separation or Divorce: This classification drome or disorder. This term is often misshould be used when partners in represented and misused in family cases. an intimate adult couple are living apart due to relationship problems The Diagnostic and Statistical Manor are in the process of divorce. ual of Mental Disorders, Fifth Edition (DSM-5), published in 2013, addresses the following areas as it • High Expressed Emotion Level Within Family: Expressed emotion is a conpertains to parent-child relationships: struct used as a qualitative measure of the “amount” of emotion—in particu• Parental-Child Relational Problem: lar, hostility, emotional over-involveThis classification should be used ment, and criticism directed toward when the main focus of clinical attena family member who is an identified tion is to address the quality of the patient—displayed in the family enviparent-child relationship or when the 34

Lake Legal News Feb. 2016


ronment. This category should be used when a family's high level of emotion is the focus of clinical attention or is affecting the course, prognosis, or treatment of a family member’s mental or other medical condition. Legal professionals and pro se litigants should utilize the aforementioned with care and only after conducting research on the full scope of these conditions and their proper usage. Consulting with a licensed mental health professional (LMHC, LMFT, LCSW, or Licensed Psychologist) when faced with these potential issues in a family case may assist the attorney, as well as their client in the scope and direction of their case. When choosing a mental health professional, an attorney or pro se litigant may want to consider their experience in the following areas: Family systems theory and application, family dynamics in separation and divorce, child and adolescent development.  Danielle Archer, Ed.D., LMHC, holds a B.S. in Behavioral Science from the New York Institute of Technology, an M.S. in Counseling Psychology from Palm Beach Atlantic University, and an Ed.D. in Pastoral Community Counseling from Argosy University. She is a mental health practitioner in Clermont, Florida, where she owns and operates Agape Court & Counseling Services, LLC. Like LAKE LEGAL NEWS on Facebook!

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Lake Legal Book

News: Briefs

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By: Gary S. Roen

• Final Instinct By: Robert Walker Publisher: Penguin Group, USA “Final Instinct” is the third Jessica Coran installment and it is one of the best of the series. Jessica Coran, an FBI medical examiner is on a much needed vacation in Hawaii, but the relax time she deserves is cut short as she receives orders to help investigate a new serial killer tagged “Trade Winds Killer.” As she delves into the case she finds that the murderer stalks young beautiful Hawaiian women; his weapon of choice is a long razor-sharp blade used to cut sugar cane and he is precise, slow and ritualistic. Cora, whose expertise is serial killers, will have to use all of her medical and police skills to bring the perpetrator to justice. “Final Instinct” combines the island's mystery, intrigue, ancient mystic tales and romantic setting to heighten the story of the opera-

tive's chase to stop the mass murder. The methods of police and medical procedure are factual and well researched while the story is filled with many interesting settings and situations. “Final Instinct” is quick reading and very enjoyable. • L.A. Justice By: Christopher Darden & Dick Lochte Publisher: Penguin Group, USA Christopher Darden and Dick Lochte bring to life the courtroom drama in “L.A Justice.” A dead woman is found in her apartment. The cops pull together a case that is pretty strong with an eyewitness who puts the suspect at the dwelling at the time of the murder. But things start to come apart as prosecutor Nikki Hill progresses with the high profile case. Darden draws on his OJ Simpson prosecutor experience to show with a fictional character

Author, consultant and syndicated book reviewer Gary S. Roen has been writing his appraisals of books for nearly 40 years; his reviews have appeared in hundreds of daily and weekly newspapers and other periodicals. Over the years Roen has been the Promotion / Sales Representative for several publishing houses. He was a talk show host on the Rollins College radio station, was co-host on a weekly radio talk show on “Desperate and Dateless,” was the roving reporter for “The Tourist Breakfast Travel Show,” frequently appeared on The Michelle Valentine show on cable and was a monthly guest on the Bobbie Thomas show. Find him currently on the “My Home Town” show with Jim Turner (WBZW, Orlando) and the Larry Steele show (WPUL, Daytona Beach). Roen also works for numerous companies in the field of market research in the Central Florida area as an independent contractor. 36

Lake Legal News Feb. 2016


the behind the scenes workings of media suspicious person. This time Jacobs finds circus cases of the L.A. prosecutor's office. a shady way to make the case stick to the “L.A. Justice” is a fast paced legal thriller. same perp so he does not get off a second time. Richardson, a retired sheriff's officer in Jacksonville, Florida, utilizes his experience as an officer to tell a story that • Just Revenge captures the way law enforcement people feel when one of their own is killed and By: Alan M. Dershowitz the criminal justice system drops the ball. Publisher: Hachette Book Group, USA Alan M. Dershowitz poses a moral dilemma in “Just Revenge.” For professor Max Meushen, the Holocaust has never gone away. The Nazis wiped out his entire family. Max has found out that Marcellus Pranclus, the militia captain who carried out the orders to kill his family, now lives in the same city as Max. Now Max so many years later engineers a plan to seek revenge on Pranclus and his family that oversteps the laws of the country. Attorney Abe Ringle (from “Advocate's Devil”) returns to defend Max. Legally what Max has done is a criminal act, but morally it's not. Dershowitz's tale is a two-fold novel. On the one hand it is a great novel, while on the other hand it is a warning to never forget what the Nazi's did to innocent people in World War Two. “Just Revenge” is a great legal thriller. • Crossing The Chalk Line By: Steven H. Richardson Publisher: Otter Creek Publishing “Crossing the Chalk Line” examines the question, “How close to breaking the law will cops go to bring in a murderer?” A cop killer is released by a prosecutor who is unable to place the suspect at the crime scene. Deputy Mark Jacobs is frustrated because he knows that the suspect committed the crime. A second victim is found a short time later who is traced to the same

• Sullivan's Law By: Nancy Taylor Rosenberg Publisher: Kensington Publishing Corp. I've read many of Rosenberg's legal thrillers and loved them. Sadly I can't say that about “Sullivan’s Law.” The problem here is that it takes too long for something to develop, and when it does it is not very believable. The fact that Rosenberg introduced a new character and new situations was a good thing but something just doesn't jell here. “Sullivan's Law” was a major disappointment. • The Confession By: Domenic Stansberry Publisher: Hard Case Crime “The Confession” is a twist and turn mystery that holds interest to the final page. Forensic psychologist Jake Danser finds he is the center of an investigation into the murder of one of his patients, even though the police on the case have worked with him before, because all of the evidence they have points directly to him. Stansberry is an author who knows how to tell a good story. 

Read Us Online: LakeLegalNews.com Lake Legal News Feb. 2016

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or : Gu es t Auth

rdona, J.D. James E. Ca

y is that the agenc U.S. statutes t to more than 400 its commitmen citizens enforcing in public safety. iples non-U.S. responsible for al security and ensuring nation referred justic shoul ent commonly the criminal and docum a ilities possib I.C.E. may issue to a local jail or correctional you ner” citizen, then y of an individual to as a “detai e a non-U.S. al is seeking custod if you engag If you are facility when it instituting remov arning that en for purposes of should heed-w of criminal activity—ev known as an in that facility ing detainer is better a in any type fting—or when simply travel proceedings. This ” A common practice in Florid be “hold. ers against as simple as shopli itizen, it may cause you to ration immig immigration detain trial, and with another non-c an immigration “hold” placed es I.C.E. using before involv ’ status al ‘without ed in a crimin s—because arrested and have a defendant utorial proces your case in resolv be determined. prosec until for you any t ds agains groun often before legal status can lly does not have the court and/or your such person genera regardless of the outcome of U.S. legal citizen, the scope remaining in the defendant within ent involving a U.S. al violations is Conversely, a In a typical case nent Resid criminal case. quences for crimin a fine and/or , such as Legal Perma to of possible conse paying immigration status not subject to a “hold” prior g time in jail, he/she limited to servin other court-imposed conditions. , is generally unless , status for state criminal matter er removable, fulfillment of some many cases, the law allows conclusion of the him/h in tions rendering remain at liberty When arrested, Additionally, has prior convic the accused to in removal order. allow ver, ng to as give Howe standi so g. a bail holds) and has al matter is pendin being allowed (i.e., immigration while the crimin undocumented I.C.E. detainers non-citizens, before law requires authority to detain date, pending cases involving y the e local jails the er criminal custod d their releas The to bail out of determine wheth immigrants beyon to immigration officials. ) agency to first y at cement (I.CE. the arresting transfer of custod ration holds on detainees Customs Enfor of immig in violation of ent Immigration and the State of in person ce placem a detainee widespread practi illegally placed st). Hence, once considers the local jails is a are (and thus of intere of the charges, cases, the holds Immigration laws less judges, and Florida. In many is arrested, regard d and have the ement officials, are enforc law rants the non-citizen immig by local rities are notifie . undocumented immigration autho “hold” on the arrested person jailers. As a result, unauthorized detentions even a y and power to place been cleared. subject to length al charges have I.C.E. hold? U.S. though their crimin and what is an cement (I.C.E.) Who is I.C.E., a jailed imCustoms Enfor I.C.E. hold on Immigration and igative Agency directly under can place an is a request to er Who detain invest immigration indiSecurity. It’s is the largest migrant? An y to detain an of Homeland agenc tment ty, ement securi Depar the U.S. t national a local law enforc n is to protec the U.S. of ity page 38) primary missio integr (Continued on (including the The immigration. public safety s, trade and encompass borders), custom ement authority enforc law agency’s h).

are the basic princ ‘detention’ What ding immigration e system? d know regar

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● Tell the truth—wouldn't you love to get someone totally banned from the World Wide Web? But, hold it—not so fast, my friend; consider Webb v. Jacobson, 175 So.3d 938 (Fla. 5th DCA 2016): Scott Webb appeals the injunction for protection against stalking entered against him, and in favor of his former girlfriend, Nicole Jacobson. We affirm without discussion, except as to the provision in the injunction prohibiting Webb from accessing any social media websites. That provision is overbroad. An injunction should never be broader than is necessary to provide the injured party the relief warranted by the circumstances of the particular case, without in-

● In Panchoo v. State, 41 Fla. L. Weekly, D249d (Fla. App. 5th Dist., January 22, 2016) the trial court erred in overruling defense counsel's objection to the prosecutor's “Golden Rule” violation (which improper closing argument “needlessly jeopardized a conviction”): The minor victim in this case suffered numerous significant injuries at the hands of Panchoo, including a fracture to her right elbow and a large subdural hemorrhage on the left side of her brain, which required emergency surgical intervention to reduce the swelling and resulted in the victim remaining in a coma for three days. During closing argument, the prosecutor explained to the jury each element of the crime that he believed he had readily established. The prosecutor then stated: “Think how bad a broken elbow would hurt by itself. Imagine getting bashed in the head like this. Bashed on the back of the head. . . . I submit to you that's torture.” Defense counsel timely objected, asserting that this argument violated the “Golden Rule.” The court overruled the objection and, thereafter, denied counsel's motion for mistrial. “In general, a ‘[G]olden [R]ule' argument encompasses requests that the jurors place themselves in the victim's position, that they imagine the

justice to the party enjoined. Clark v. Allied Assocs., Inc., 477 So. 2d 656, 657-58 (Fla. 5th DCA 1985). We remand for the trial court to amend the injunction in such a manner to allow Webb to access social media websites and Craigslist, except as necessary to protect Ms. Jacobson and her friends, family, and employers from any direct or indirect contact by Webb, and from further intrusions of the nature set forth in her injunction petition. ● Can it be said that ‘renters’ finally get some respect? Well perhaps in an unusual manner—short-term vehicle renters who get nabbed by red light cameras. Read on, as the Florida Supreme Court explains

victim's pain and terror, or that they imagine that their relative was the victim.” Pagan v. State, 830 So. 2d 792, 812 (Fla. 2002) (quoting Williams v. State, 689 So. 2d 393, 399 (Fla. 3d DCA 1997)). “ ‘Golden [R]ule' arguments are improper because they depend upon inflaming the passions of the jury and inducing fear and self[-] interest.” Bocher v. Glass, 874 So. 2d 701, 703 (Fla. 1st DCA 2004) (citing Tremblay v. Santa Rosa Cty., 688 So. 2d 985, 987 (Fla. 1st DCA 1997)). Golden Rule arguments by prosecutors in criminal cases have long been condemned by courts in Florida. [Additional citations omitted.] ● Two all-too-familiar problems can be found in the appellate case of Lucier v. State, 41 Fla. L. Weekly, D258a (Fla. 4th DCA, January 27, 2016. Here's familiar problem number one: It is well settled that it is error to allow references to the character of the location of a suspect's arrest. See Fleurimond v. State, 10 So. 3d 1140, 1146 (Fla. 3d DCA 2009) (“Florida law disapproves references to the area in which a defendant is observed as a location known to be a place where drugs are sold because such evidence is irrelevant to the issue of guilt.”); Latimore v. State, 819 So. 2d 956, 958 (Fla. 4th DCA 2002) (“[E]vidence that a criminal


in City of Fort Lauderdale v. Dhar, 41 Fla. L. Weekly S61a (Fla. S. Ct., Feb. 25, 2016): The facts concerning this “red light camera” violation by Dhar, who was a short-term renter of an automobile, and the lower court rulings on Dhar's motion to dismiss, are set forth in the opinion of the Fourth District as follows: A vehicle registered to Dollar Rent A Car Systems, Inc. (“Dollar”) was detected by an automated traffic camera running a red light, and after review of the violation, Dollar was sent a notice of violation alleging that the described vehicle violated sections 316.074(1) and

defendant was arrested in a high crime area is generally inadmissible [because] [s]uch evidence is usually considered irrelevant to the issue of guilt and unduly prejudicial . . . .”); Jordan v. State, 104 So. 3d 1291, 1293-94 (Fla. 4th DCA 2013) (reversing because the court permitted the state to elicit and emphasize testimony that defendant was arrested in an area where the police were on surveillance for drug sales); Lowder v. State, 589 So. 2d 933, 935 (Fla. 3d DCA 1991) (“In a prosecution for possession of illegal drugs, the fact that a police officer knows that an arrest scene is a reputed narcotics area does not prove anything in issue and is ‘patently prejudicial'.” (citing Gillion v. State, 573 So. 2d 810 (Fla. 1991)). In this case, testimony about appellant's proximity to a drug house was irrelevant and unduly prejudicial by implying guilt through association. See Latimore, 819 So. 2d at 959; see also Fleurimond, 10 So. 3d at 1146 (“[T]he police detective's testimony that the house where he observed Fleurimond was a location that the detective knew to be selling narcotics is exactly the type of testimony condemned as ‘patently prejudicial' by Florida courts.”). Defense counsel's cross-examination of the detective did not open the door

316.075(1)(c)1. of the Florida Statutes. In response, Dollar sent an affidavit identifying Defendant as the person having care, custody, or control of the vehicle at the time of the violation. Thereafter, Defendant was issued a uniform traffic citation. Defendant filed a motion to dismiss, asserting that as a short-term renter of the motor vehicle, she was treated unequally as compared to a vehicle's registered owner or lessee because she was not initially issued a notice of violation under section 316.0083(1) (b)l.a., Florida Statutes (2012), and therefore could not avoid

wide enough to permit repeated inquiries about appellant standing near a drug house. This error in allowing references to the character of the location could not be harmless beyond a reasonable doubt. See Beneby v. State, 354 So. 2d 98, 99 (Fla. 4th DCA 1978) (holding that a police officer's knowledge of a location as a “narcotics area doesn't tend to prove anything in issue and can only serve to prejudice the jury”)[Additional citation omitted.] Here's familiar problem number two: Appellant also argues that the trial court erred by allowing the state to comment on appellant's failure to produce a witness to corroborate his story. This issue of burden shifting arose during appellant's testimony. Appellant testified that he was in the parking lot of the grocery store to meet a friend and give her a ride. On cross-examination, the prosecutor asked appellant his friend's name and where she was. The trial court overruled defense counsel's objection that the state's inquiry would constitute comments on appellant's failure to call a witness. The court also permitted the prosecutor to ask if appellant had ever disclosed this witness's name to the prosecutor or his counsel, and whether appellant be-

the payment of added court costs by simply paying the statutory penalty of $158.00. The trial court agreed and granted the Defendant's motion. In finding that the [Mark Wandall Traffic Safety Program] violated Defendant's equal protection and due process rights, the trial court correctly noted that: There are significant advantages to having a [notice of violation] issued in one's name, as opposed to a [uniform traffic citation]. The cost of a [notice of violation] is $158.00, whereas the cost of a [uniform traffic cita

(Continued on next page)

lieved that the witness's testimony would have been beneficial to his case. Later, during closing argument, the prosecutor compounded the error by continuing to emphasize that appellant had not produced the witness and telling the jury that the defendant had to provide an “innocent explanation” for his presence at the grocery store. “[T]he state cannot comment on a defendant's failure to produce evidence to refute an element of the crime, because doing so could erroneously lead the jury to believe that the defendant carried the burden of introducing evidence.” Gutierrez v. State, 798 So. 2d 893, 894 (Fla. 4th DCA 2001) (quoting Jackson v. State, 575 So. 2d 181, 188 (Fla. 1991)). The exception to this rule occurs “when the defendant voluntarily assumes some burden of proof by asserting the defense of alibi, self-defense, and defense of others, relying on facts that could be elicited only from a witness who is not equally available to the state.” Ramirez v. State, 1 So. 3d 383, 385 (Fla. 4th DCA 2009) (quoting Jackson, 575 So. 2d at 188). The Florida Supreme Court has explained “that this exception is inapplicable where the defendant ‘never assume[s] any responsibility for presenting [evidence] to the jury as part of an affirmative deLake Legal News Feb. 2016

41


(Continued from previous page) tion] is $263.00. More importantly, the payment of a $158.00 [notice of violation] buys anonymity. If the [notice of violation] is paid timely, there will be no record of the infraction on one's driving record. Consequently, once a [uniform traffic citation] is issued, one's driving record will be permanently tarnished, unless the [uniform traffic citation] is dismissed in court. This distinct difference is to the detriment of [Defendant]; the option of paying the $158.00 [notice of violation] does not exist.

fense.' ” Warmington v. State, 149 So. 3d 648, 652 (Fla. 2014) (quoting Hayes v. State, 660 So. 2d 257, 266 (Fla. 1995)) (alteration in original). Here, appellant did not assert an affirmative defense; he was not required to provide exculpatory evidence. When appellant took the stand, he testified that he was in the parking lot to meet a friend. This testimony was to rebut the state's theory that appellant was in the parking lot to buy drugs. Appellant did not create an issue for which he carried the burden of proof; he simply asserted a defense to the state's theory of the case. Warmington, 149 So. 3d at 655 (“Simply asserting a defense to a crime does not create any issue for which a defendant ‘carries [the] burden of proof.' ” (quoting Hayes, 600 So. 2d at 265)). Here, the prosecutor engaged in improper burden shifting, both during the prosecutor's cross-examination of appellant and during closing argument. The prosecutor asked not only about the witness's whereabouts and appellant's failure to disclose her name to either the state or the defense, he also asked if the witness would corroborate appellant's story and then pointed out that she was not there at trial. This line of in-

42

Lake Legal News Feb. 2016

Dhar, 154 So. 3d at 367 [some bracketed material added]. The district court concluded that the unequal treatment of short-term renters violated equal protection. The court explained, “Whether a person owns a vehicle, leases a vehicle, or enters into a short-term rental agreement, the circumstances surrounding the infraction remain the same,” and because short-term automobile renters are similarly situated to registered owners and lessees, there is no rational basis for the unequal treatment given to defendants such as Dhar. Id. Based on the facts and the court's analysis, the Fourth Dis-

quiry was improper because it implied that appellant had a duty to call her as a witness at trial. * * * Accordingly, we reverse appellant's convictions and sentences and remand for a new trial. ● It is sometimes easy to get lulled into the assumption that search warrant affidavits can be loose, sloppy, boilerplate, or overbroad, and still pass muster. Rather, Russ v. State, 41 Fla. L. Weekly, D333a (Fla. App. 5th Dist., February 5, 2016) offers refreshing reminders. The decision is based upon an appealed plea, following the denial of a dispositive motion to suppress: On appeal, Russ contends that evidence seized from his mother's residence pursuant to a search warrant should have been suppressed because: (1) the affidavit in support of the search warrant did not contain sufficient facts to establish probable cause to issue the warrant; and (2) the search warrant was overly broad. We find merit to both of these arguments and reverse Russ's convictions on Counts V through X. * * * [Russ was arrested on

burglary

trict affirmed the lower court's order granting Dhar's motion to dismiss the traffic citation for violating her equal protection and due process rights. * * * We agree with the county court and the Fourth District that the unequal statutory treatment of short-term automobile renters bears no rational relationship to a legitimate state purpose. No rational basis justifies treating short-term renters differently than registered owners and lessees where the gravamen of the violation—running a red light and being captured on camera doing so—is the same in each

charges], [t]hen police then sought a search warrant for the residence of Russ's mother. The affidavit submitted in support of the search warrant stated, in relevant part: [T]he defendant stated he was attempting to burglarize the Bealls Outlet Store, located at 931 N 14th Street, Leesburg Florida 34748. The defendant stated he threw a piece of a cinder block at the southern most entrance door. He advised he entered the store, snatched the cash drawer, the [sic] exited the store from the same entry point. He advised upon exiting with the cash drawer, he observed the Leesburg police. The defendant stated he threw the cash drawer and began to run. A short chase ensued and the defendant was captured. The defendant said he was responsible for this burglary, the defendant stated he lives with his mother at the above address. When I first asked the defendant how he entered, he replied he thought he kicked the door glass to break it; later stating he threw a piece of cinder block threw [sic] it. There were several other local burglaries in the same general area that match the motive [sic] of his [sic] incident. The defendant


case. We agree that Dhar, as the challenger, had the burden to show that the statutory classification bears no rational relationship to a legitimate state purpose, and we conclude, as did the lower courts, that she has borne this burden. See Level 3 Commc'ns, 841 So. 2d at 454. Thus, the district court correctly affirmed the order of the county court granting the motion to dismiss. [Ed. Note: Fla. Stat. 316.0083(1)(d)3. was amended by the Legislature in 2013 to allow all individuals charged with committing a red light camera violation to pay $158 through the issuance of a notice of violation. This recent Fla. S. Ct. decision is nonetheless valuable for it's constitutional analysis.]

advised he was not responsible for any other burglary but the one he admitted to. There have been a total of twelve burglaries in a two week period with the same modus operandi. Notably, the affidavit was devoid of any information setting forth the dates of the “two week period” in which the other burglaries had occurred. Furthermore, the only information provided with regard to the other burglaries were the conclusory statements that the burglaries occurred “in the same general area” and involved “the same modus operandi.” * * * To establish probable cause for the issuance of a search warrant, a supporting affidavit must set forth facts establishing two elements: (1) the commission element—that a particular person has committed a crime; and (2) the nexus element -- that evidence related to the probable criminality is likely to be located in the place to be searched. [Citation omitted.] An attenuated connection between the defendant, the place to be searched, and the illegal activity does not constitute probable cause. See Burnett v. State, 848 So. 2d 1170, 1172-75 (Fla. 2d

● In Cimino v. American Airlines, 41 Fla. L. Weekly, D212b (Fla. App. 4th Dist., January 20, 2016),it was held that a personal representative can initiate a complaint under Florida Civil Rights Act alleging discrimination on behalf of deceased former employee: The pertinent statutory language clearly provides that any “person aggrieved” may file a complaint and that a “person” includes an “individual” as well as a “legal representative.” §§ 760.11(1), 760.02(6), (10), Fla. Stat. The use of the word “includes” in a definitional section “is usually taken to mean that it may include other things as well.” Antonin Scalia & Bryan

DCA 2003) (holding that affidavit in support of search warrant failed to establish probable cause that possession of child pornography evidence was located at defendant's residence because search warrant merely recited affiant's experience with child sex crimes, the discovery of other child pornography during a consensual search of defendant's room, and concluded that it was likely more evidence would be found). Here, we conclude that the affidavit is deficient because the connection between Russ, his mother's residence, and the twelve other burglaries is attenuated at best. Given the lack of a reference date for the other twelve burglaries, the magistrate was unable to properly evaluate the likelihood that evidence of those burglaries would be found in Russ's mother's residence. McGill, 125 So. 3d at 349 (“In the instant case, the trial court correctly noted that the affidavit did not provide the date on which the CI allegedly observed the cannabis and cash inside McGill's house; therefore, the CI's observation alone would have been insufficient to satisfy the nexus requirement.”). Additionally, without any description of the other burglaries, the magistrate was precluded from comparing the modus operandi of those burglaries to the burglary committed by Russ.

A. Garner, Reading Law: The Interpretation of Legal Texts 226 (2012). * * * Giving the FCRA its plain and obvious meaning, a personal representative can initiate an FCRA complaint alleging discrimination on behalf of the deceased former employee. 

The search warrant issued by the magistrate in the present case authorized the law enforcement officers to seize “any and all burglary tools, stolen items, or any similar items pertaining to this or any other recent burglary” found on the premises. Where a search warrant fails to adequately specify material to be seized, and leaves the scope of the seizure to the discretion of the executing officer, it is constitutionally overbroad. State v. Nelson, 542 So. 2d 1043, 1045 (Fla. 5th DCA 1989); see also § 933.05, Fla. Stat. (2013). The use of broad categories and generalities can render a search warrant overly broad. See Polakoff v. State, 586 So. 2d 385, 387, 392 (Fla. 5th DCA 1991) (holding that search warrant authorizing search for “documents recording the extension of credit to Haya Bigloo” was constitutionally overbroad). In Ingraham v. State, 811 So. 2d 770 (Fla. 2d DCA 2002), a search warrant authorizing police to search for “certain evidence relating to Arson and Burglary to wit: Clothing, shoes, and other physical evidence relating to the Crime [sic] of Arson and Burglary” was found to be constitutionally overbroad. * * * We also reject the State's good faith exception argument.  Lake Legal News Feb. 2016

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Photos we never published, Editor's Note: For various reasons, not all photos have been considered suitable for publication. Until now !

REASON WHY PHOTO NEVER PUBLISHED: We had asked this man to let us take a photo of his best ‘ Rabbit Ears ’— but then two people suddenly jumped in the way and photo-bombed an otherwise perfectly good shot. So we canned it.

REASON WHY PHOTO NEVER PUBLISHED: Word to the wise: If you are a waiter who values his life, do NOT remove Judge Johnson's piece of pie while he is still on the platform speaking. (oh, if looks could kill!) REASON WHY PHOTO NEVER PUBLISHED: Our camera caught prosecutor Bill Gross redhanded, unashamedly trying to coach a witness directly from the witness stand. (Consensus among lawyers was, however, "That's not NEWS!!)

REASON WHY PHOTO NEVER PUBLISHED: Threats to ‘karate-chop co-counsel's head off ’ during trial are rarely caught on film: This photograph was immediately turned over to police as evidence, and has just recently been released for publication as a public record. 46

Lake Legal News Feb. 2016


and WHY ! REASON WHY PHOTO NEVER PUBLISHED: This one is pretty obvious. Naturally, I couldn't publish it during the time I was also WORKING for the man... (my momma didn't raise no fool!)

REASON WHY PHOTO NEVER PUBLISHED:

Getty Images / Paffy69

Attorney J.J. Dahl was positively jubilant when it was announced she had won the "Golden Graves" award—but a hanging-chad recount caused the photo to be pulled.

Lake Legal News Feb. Nov. 2015 2016

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ATTORNEY DIRECTORY Mr. James Hope, J.D. Criminal Law ~ Tavares,FL

352 • 742-3488 www.AttorneyJamesHope.com Board Certified Criminal Trial Lawyer • Former Prosecutor

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Mr. Donald Morrell, J.D.

Veterans Rights Law ~ Clermont, FL 352 • 241-6470 www.FLBikerLaw.com DDArcherLaw@Gmail.com

Mr. Brian Welke, J.D.

Adoption Law ~ Eustis, FL 352 • 357-0400 531 North Bay Street, Eustis, Florida 32726 www.FloridaAdoptionAttorney.net 48

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Mr. Daniel Archer, J.D.

Child Support ~ Clermont, FL 352 • 241-6470 www.FLBikerLaw.com DDArcherLaw@Gmail.com

Mr. Zachary McCormick, J.D. Civil Rights Litigation ~ Tavares, FL 352 • 742-7474 www.ZJMlaw.com Also Handing Firearms Rights Restoration & Firearms Trusts

Mr. Ronald H. Watson, J.D.

Social Security Disability ~Eustis, FL 352 • 357-2932 www.RonaldHWatson.Weebly.com Providing Legal Representation Since 1971

Mr. John Oldham, J.D.

Personal Injury Law ~ Tavares, FL 352 • 343-4090 www.OldhamSmith.com Past President, Lake C'nty Bar Assoc. • Free Consultation

Ms. Freya McLain, J.D. Family Law ~ Tavares, FL

352 • 742-7474 www.ZJMLaw.com Divorce, Child Custody, Child Support & Related Matters Lake Legal News Feb. 2016

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seeing rward to o f g in w k o Lo bers at La m e m A B at the all LC 29, 2016, il r p A ( y Da year's nn). This Mission I be State Atill speaker w . rad King B y e n r o t Question: Is the Triangle News Leader Lake's worst box-poacher?

Register by attend the April 5th to 20 alism Con 16 Professionfe April 15th rence (Friday, , at the Hil to Hotel, Oca la, FL). Bre n and lunch akfast pro www.Circu vided. Details: it5.org

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nNeed a planning a lu Court I 's The LCBA is , 2016, folA nterpre l l o w dicial Circuit cludes 5 l 2 Ju ri p t th 3 e A 5 r n e d o h ? a T n cheo dule in ssion for Spanis ys in advanc LIDAY schedates: cial local se e O h e H sp L a a g n in e w g v g lo ua ents and in rt these upcom District Cou 7-10 da ge o t h e y of the Fif th in r 016 s ts languag for all March 25, 2 016 ral argumen ., o e ri F s l— L a ( e a i p n n p A c g . Si .) T of 0, 2 ouse Mon., May 3, 2016 unty Courth www.ci o schedule on gn 4 the Lake Co ly l r n i c e i Mon., Ju 5, 2016 nterpret uit5.org/c5/co ne: 9:00 am. (Op u e beginning at r r ) t B r Mon., Sept. , 2016 3 equestRm. t. C , n f io o ss r m/ Mon., Oct. 3 public se

Lake Legal News can an nounce your new associa te attorney or other change s to your staff-members, phon e numbers, mailing addres s, etc. It's FREE. 50

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FYI: The Marion County Law Library provides free access to State and Federal statutes, local ordinances, administrative regulations and case law. The Law Library has a subscription to Westlaw. (352) 401-7841

L ik e u s ? C heck us out on Fa cebook!

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tions ring restric 16: New wate 0 arch 13, 2 M g in n in beg bered h odd num it w s e m o H on ay irrigate addresses m Homes with at. Wed. and S sses, ered addre even numb un. hurs. and S T r te a w y ma Lt. Channing Taylor (r), awarded the Medal of Valor and the Purple Heart

w. The new interface for ww live. LakeCountyClerk.org is art Laptops, tablets, and sm ge phones, using a broad ran ld ou of internet browsers, sh sk: now function. Service De (352) 742-4330

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LAST Roll of Film . . . Past Events, 2014 - 2015 • These Photos Are Finally Getting Their Day! ►

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Photos by Bonnie WHICHER photography • Tavares ►

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CARY F. RADA , P.A.

Practicing criminal law in Lake County for more than 20 years

Board Certified Criminal Trial Lawyer Former State Prosecutor

(352) 742-2778

318 North Texas Avenue,Tavares, FL 32778

www.CaryRada.com


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Lake Legal News #25  

Lake Legal News is a high-quality, quarterly magazine, published and distributed in Lake County, Florida.

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