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Lake Legal News A Quarterly Magazine

Issue No. 30

Dylan Lays Down The Law

CagleCartoons.com

SPECIAL ISSUE!

p. 26 Also: Judge Brian J. Welke’s Investiture


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La ke Issue No. 30

PHOTO: Bonnie Whicher

8

8.

Meet A Legal Assistant: She first

10.

Feature: Eustis, Florida, attorney Brian J.

14.

Feature:

22.

Humor's Last Stand: Some hand-

24.

Feature: With the local real estate market

thought she'd be a probation off icer, but Erica Williams developed a career as a legal assistant. Welke has formally ascended the Lake County bench as a County Court Judge. We asked Lake County doctor James F. Coy to reflect upon the battle he fought all the way to the Florida Supreme Court. picked humor from the finest batch of cartoons available. (Licensed, by the way, not stolen!) on the move again, get some ‘valuation’ pointers from commercial realtor Jim Timberlake.

PHOTO: Bonnie Whicher

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PHOTO: James Hope, J.D.

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Lake Legal News May 2017

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: Courthouses.com

14 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

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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 26.

Legal News Issue No. 30

In as much as the “Poet Laureate of rock 'n' roll” seems to be quoted more and more by jurists these days, LLN is taking a stab at assembling some of Bob Dylan's own jurisprudence.

32.

Quick-Read: As in past years, the Lake

34.

Quick-Read: This year the local 2017

36.

Book Br iefs:

38.

L ega l Blott er:

40.

Feature: Read in-depth why one local at-

44.

At t orney Di rec t or y: A

46.

Community Cork Boa rd: A

48.

Last Rol l Of Fi lm: ‘Around town’

County Bar Association's annual Golf Tournament was well attended. Were you there?

PHOTOS: Thinkstock / Kaycco, boggy22, axstokes, TonyLomas, Hemera Tech.

Main Featu re:

32

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

PHOTO: James Hope, J.D.

“Law Day” luncheon was held on May 4th. (Same question as above: Were you there?)

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

34

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

PHOTO: James Hope, J.D.

torney says, “Florida citizens who value their firearms rights should avoid medical marijuana.”

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

40

Lake’s Most Tal ked About

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ART: Thinkstock / stramyk

and other photo events—look for someone you know. MEDIA KIT

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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:

www.BonnieWhicherPhotography.com

Official Webmaster Kevin Robson Website:

www.BusinessMasters.net

Advertising James Hope, J.D.

Photo: Bonnie Whicher

Contact: Contact:

LakeLegalNews@Gmail.com

Marilyn M. Aciego

LakeLegalMarilyn@Gmail.com

Cover Art CagleCartoons.com/ Petar Pismestrovic, Lleine Zeitung, Austria Contributing Authors Gary S. Roen Zachary J. McCormick, J.D.

All contents © 2017 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 · Post Office Box 790 · Tavares, FL 32778 E-mail: LakeLegalNews@Gmail.com · Visit: www.LakeLegalNews.com Phone: 352-408-6338

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Lake Legal News May 2017


Photo: Bonnie Whicher

James Hope, J.D. Publisher Executive Editor

prognostications pontifications platitudes prattle f r^om the Publisher MAY, 2017

You can waste your breath and argue with me, but I resolutely hold firm to the astute observation that when it comes to music, “There is Bob Dylan—and then there's everybody else.” Period. [Read that twice, Raymond Sloan.] Anyway, even before being awarded the 2016 Nobel Prize in Literature it had become widely reported that Dylan was a favorite of many jurists, who with some surprising frequency quote the modern-bard in their published opinions. (One example: Judicial inclusion of the ever-popular lyric, “You don't need a weatherman to know which way the wind blows.”) So just to have a little fun of my own, I have collected a few of Dylan's lyrics which in one way or another touch upon law, justice, or the plight of some poor unfortunate soul looking for a fair shake. Given the vastness of Dylan's work, I have cleverly left the door open for the future by calling this installment my of humble endeavor, “Part I.” “Boo-Hiss” to a growing list of property-manager and restaurant-manager types who abruptly issue fiats for long-time magazine boxes to be eliminated (and unceremoniously tossed in the dumpster). Now when you go to Crispers and Frogger's you can read their menu, and that's it. (The parking lot by Save-A-Lot in Umatilla, as well as the shopping center sidewalk by Jo-Ann Fabrics, in Tavares, are suddenly ‘upscale’ now [Cough]; too ‘classy’ for free magazines, evidently.)

Lake Legal News May 2017

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meet L

A

e

gal

A s si s t a n T Erica Williams

Public Defender's Office When legal assistant Erica Williams was a teenager, NBC's “Law and Order” helped decide her fate. Her love for that television show developed into a love for criminal justice and now instead of watching from the other side of the screen, she gets to be a part of the action. The youngest of four children, Williams was born and raised in Daytona Beach, Florida, and attended Mainland High School. She later moved to Ocala in 2006 to be closer to her brother and began her studies at Rasmussen College in 2010, earning a bachelor's degree in criminal justice. “My goal at the time was to become a probation officer but was sidetracked after I was given the opportunity to work at the Marion County public defender's office in Ocala as a jail-interviewer,” Williams tells Lake Legal News. “I worked while still attending school and did my internship there as well... I worked there for about a year until an opening in Lake County became available. I moved to Lake County and worked here as a jail-interviewer for about three months before they offered me a position as a legal assistant,”she explains. (Williams has now spent the

Writer: Marilyn M. Aciego Photo: Bonnie Whicher

last three years at the public defender's office—assisting attorneys with just about all aspects of their cases. “A little bit of everything,” she says with a smile.) “I enjoy [my job]. The bosses [Michael Graves and John Spivey] are great. As a legal assistant, I am here to assist the attorneys but I take my job more serious than that because I don't work for the attorneys but I work with them. We are a team.... [I work with] three attorneys and that means three different personalities. They all want things done a little different and I accommodate them the best way I can.” A devoted mother to 10-year-old Kentrae and 7-year-old Camryn, her children know mommy sits behind a desk and goes to court, but they don't know she's dealing with accused criminals on a daily basis. Williams herself admits, “The [cases] involving the kids are the worst.” “The public defender's office has been great because I came in with no experience and I have learned so much. Everyone here is always willing to give you a hand to make things easier and not as stressful.” 

Williams made rapid advancement from jail-interviewer to legal assistant. 8

Lake Legal News May 2017


“I want you to know that whenever I can find it I pick up a copy of your magazine. And I just want to call you to tell you I read it every time I can find it, cover to cover. It is a great publication—you do a great service, and I commend you. It is excellent— and I'm not just saying that—I really mean it... And just as an old war horse, I want to tell you that I commend you. So thanks for putting it out, and I hope to meet you some time. Take care of yourself—there are ‘crazies’ out there. Bye.” ― Voice mail, from a retired attorney

Read our LLN reader feedback! Lake Legal News May 2017

9


Judge Brian J. Welke for the Fifth Judicial Circuit's Chief Judge, Writer: James Hope, J.D. Don F. Briggs, to administer the oath of office to Eustis attorney Brian J. Welke on Photos: Bonnie Whicher February 17, 2017. The investiture ceremony and the reception that followed ounty Court Judge Donna F. Miller's was held at the Lake County Courthouse; retirement [LLN Issue No. 29] and both were attended by a large number of the Lake County, Florida, election (Continued on page 12) it prompted, ultimately paved the way

C

10

Lake Legal News May 2017

Art: Photos.com

INVESTITURE


Lake Legal News May 2017

11


(Continued from page 10)

fellow judges as well as elected officials, all adding their well-wishes to the event. In fairly rapid succession—perhaps because it was a sunny Friday afternoon, or perhaps in case the audience was eager to taste what the Tavares High School culinary class had prepared for the reception—

the Honorable Larry J. Semento efficiently presided by calling forth those who would make customary presentations to the county's newest jurist: First, Lake County Bar Association President Cara Singeltary presented Judge Welke with a traditional black robe. (Welke provoked laughter after admitting that the robe that the Bar had just bought him “is a lot heavier than the $67.50 one I bought.”) Following that, Welke received a gavel (with his name on it) from the local Young Lawyer's Division liaison, James Argento. Lastly, Marion County Judge Thomas P. Thompson III, acting on behalf of the Conference of County Court Judges of Florida and its 322 county judges, bestowed upon Welke the judicial nameplate which will sit upon his bench. When it became his turn to speak, Welke—a Lake County resident since 1980 and local practicing lawyer since 1997— introduced to the crowd his wife, two sons, his brother and his sister-in-law, a sister, two nephews, and his mother. In a good natured way, Welke jabbed at the other Lake County judges by musing out loud that he has “brought a little ‘class’ ”

12

Lake Legal News May 2017


to the local judiciary; then he became somber and reflected on the magnitude and responsibility of the office—“a huge responsibility to the community, to the public, to the court staff, to the judges, to my friends and my family,” he said. Reflecting specifically on his enormous, new-found power to incarcerate individu-

als in the Lake County Jail (to the tune of fines, fees, court-costs, and $50 per day reimbursement), Welke added, “[Until] I got here I didn't realize what a huge responsibility it was when you're sitting there [on the bench] and you see sitting in front of you someone who might be having to go across the street.” 

e Photos! — Pages 48 & Lots Mor 49

Get

ty I

mag

es

Lake Legal News May 2017

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PHOTO: Courthouses.com

Remembering When He Fought

the “SUPREME” Battle...  by James Hope, J.D.

T

here are those times in life when it seems necessary to take up a cause, simply because something just doesn't seem fair. Moreover, depending on the circumstances, fighting-thegood-fight may be a solo pursuit, or it may involve the joint interests of others. And so it came to be, back in the early 1990s, that Dr. James F. Coy—a physician currently practicing in Lake County, Florida—found himself leading-the-charge for justice in a battle which eventually made its way to the Florida Supreme Court, in Tallahassee. 14

Lake Legal News May 2017

As as part of medical malpractice reforms enacted in Florida in 1988, an entity known as the Florida Birth-Related Neurological Injury Compensation Plan (the “Plan”) was created. As succinctly noted by the Florida Supreme Court in the case of James F. Coy, M.D., et al., v. Florida Birthrelated Neurological Injury Compensation Plan, et. al., 595 So.2d 943 (Fla. 1992): Several physicians practicing in areas other than obstetrics filed this action... Essentially, the Plan


administers a no-fault system to insure against certain types of neurological injuries suffered by infants at birth. However... the statute imposes on all licensed physicians, not merely obstetricians, a mandatory annual assessment of $250. [Emphasis added.] * * * The physicians who brought this cause argued that the assessments against them are unconstitutional because they derive no benefit from it greater than does the general public. They note that they have been singled out to pay a large part of the cost while the general public pays nothing... The physicians argued that the link between the tax and its benefits was too tenuous to meet constitutional standards. Even from the brief recitation above, the battle lines in the case are readily discernible: Dr. Coy was advancing the position that monetary assessments under the Plan deprived him of his due process and equal protection rights, under the law. Ultimately, the Florida Supreme Court found that: [T]he rational basis test applies

in the present case, as opposed to the strict-scrutiny standard, because physicians are not a ‘suspect’ class within the meaning of the equal protection provision of the Florida Constitution.... Applying this test to the facts at hand, we conclude that there is a rational basis for the statutory assessment of all physicians even though they do not practice obstetrics. Although the court's decision narrowly went against him, dissenting opinions contained within the 4-3 vote proved that Dr. Coy and the others had advanced a position of serious, even far-reaching, concern. For example, Justice Kogan (concurring in part, and dissenting in part) had this to say: It is a truism that the power to tax is the power to destroy. While this phrase is so often repeated as to be cliche, I find nothing trite in the suggestion that the legislature can tax a person's status without proper reasons. Such a precedent would make equal protection an illusory right. In the present case, the legislature has sought to tax primarily physicians to pay for insurance (Continued on next page)

{About Dr. Coy} James F. Coy, M.D., is a native of Central Florida who has accumulated 39 years of extensive experience practicing medicine. He is a current member (as well as a past-president) of both the Association of American Physicians and Surgeons (AAPS) and the American Academy of Environmental Medicine (AAEM). Practicing from Fruitland Park, Florida, Dr. Coy values spending appreciable time with each patient, in an effort to come up with a strategy to restore good health. Lake Legal News May 2017

15


(Continued from previous page)

against certain birth-related injuries. This is little different from taxing only schoolteachers to pay for new educational facilities, or taxing only licensed psychologists to pay for public mental-health care, or taxing only policemen to pay for victims' compensation programs. When recently contacted by Lake Legal News at his SunLife medical offices in Fruitland Park, Florida, Dr. Coy easily recalled his “Supreme” battle for justice back in the 90s; in his view, the court's decision rang extremely hollow. “When I read the scathing opinions of the minority Justices I felt gratified. When I looked for cogent dissent from the majority I was overwhelmed with grief,” he tells LLN. Despite the fact that Dr. Coy's words still (after all these years) convey a degree of lingering dissatisfaction with the adverse outcome, one can tell that the physician does not regret having waged a good fight. “I am not naïve now and I wasn't naïve then," he assures LLN. “I was blessed to carry the flag toward over-whelming enemy assault,” he proclaims. “The battle was lost, the state won. But as the defenders of the Alamo bought time for liberty against overwhelming odds, [so too] my presence at the Supreme Court of the State of Florida brought recognition that there are some who love freedom and are willing to take a stand,” he says with pride. Even today, Dr. Coy argues that “the tyranny continues” in the form of what he calls an “illegal taxation of medical doctors through a private gimmick of ‘Maintenance of Certification’ and ‘Maintenance of Licensure’—dictating who may continue to practice medicine and who cannot—while making a lot of money for the private company.”  16

Lake Legal News May 2017

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ORIGINAL REPORT: Commercial Property in our Tri-City Area May Be Harder to Valuate in a Rapidly Changing Market

T

he real estate market is on the move again! Not only has there been an increase in the number of “For Sale� signs on commercial properties and vacant land in Mount Dora, Florida, and the surrounding areas, but there have been record sales and leases there in the past year as well.

compete to provide the best products.

In the 1800s, railroads brought products and people from town to town as well as brought communities together. Improved infrastructure allowed businesses to thrive and communities to grow, and soon small towns grew into larger cities. As the rail lines increased, It appears as if now may be the best time more communities were able to share to buy, sell or lease commercial proper- resources and commerce expanded. ties. Even properties which have been on the market for years are finally mov- In modern times, railroads have been ing. But why is the market moving so replaced by local highways and the quickly and in such a positive direction? interstate highway systems. Much of the merchandise that had been transThe economy is improving after years of ported by rail is now being transported sagging sales in both the commercial and by truck along toll roads. These highresidential sectors. The economic collapse ways also serve as commuter byways. in 2008 left a devastating result on the real estate market, but now people are feeling There is good news for Mount Dora and confident that the economy is stabilizing. the surrounding areas! For the first time, They are beginning to feel more comfort- the Golden Triangle area (the area formed able taking risks, which include buying between Mount Dora, Eustis and Tavares) businesses or investing in commercial and Orlando will be connected via the space to rent to others. This consumer extension of highway 429. This extension confidence is not only taking place at the will reduce the commute from Mount Dora local level but at the national level also. to Orlando significantly, allowing Orlando residents the opportunity to migrate to the Changes in the local community affect area. The work on the new Wekiva Parkthe real estate market, too. The biggest way extension is well under way, and busichanges come from connecting com- nesses are taking notice. New stores are munities to each other — easy access popping up on 441 and those businesses means more business and more consum- are hiring. All this activity has increased ers needing goods and services. Even property values and has made valuating if those goods and services are avail- commercial properties even more volatile. able, people love to have more quality choices. Competition is positive in any Those who own commercial property in market as prices stabilize and businesses the Golden Triangle may want to learn 24

Lake Legal News May 2017


its current value, especially if they are thinking of selling. Pricing a property incorrectly can have devastating effects for the seller. Poor list prices on property could result in sellers getting too far below fair market value (giving it away) or buyers passing it by in favor of other properties listed at fair market value. There are many methods for performing fair market valuation; however, there is no single, simple formula or app that can accomplish this. Mathematical calculations are necessary; however, subjective knowledge of the area as well as an intricate understanding of local real estate is germane to an accurate valuation.

 TORT LAWYERS  CONSULT A NURSE ABOUT YOUR NEXT CASE!

Sue Sauder RN, B.A., RAC-CT, CLNC

Sue Sauder is a registered nurse with nearly 30 years of nursing experience, specializing in LongTerm Care Quality Improvement, Risk Management, and Legal Nurse Consulting. Her clinical background includes acute care (telemetry, medical-surgical, and pediatrics) as well as direct and administrative duties in skilled nursing and assisted living facilities. Sue held multi-facility clinical management positions for several years before starting her own consulting business. Put Sue on your team!

The best approach is to perform up to four methods and combine them using RN Certified Legal Nurse Consultant a process of scoring each to arrive at Expert opinions: Nursing Homes, Std. of Care, Chronologies, etc. a comprehensive valuation. Depending upon the type of real estate being (For full Bio) ( 909 ) examined, typical methods of valuation SwitchTel Communications asks: 435 -8803 could include replacement cost approach, property income approach and a market SwitchTel Communications delivstateSwitchTel of the art connectivity to Communications asks: comparable approach. Additionally, there ers businesses and residential customOur clients can do more than are substantial historical sales and leasing ers. simply talk. They can communicate SwitchTel Communications delivstateUnified of the Communications art connectivity to data services available to real estate pro- usingers(UC) businesses residential customthat and make it possible to fessionals through paid web subscriptions features ers. Our can do efficiency more than improve on clients the quality, simply talk. They can communicate the savings over legacy systems. that aid in the valuation process. Com- and using (UC) Unified Communications features that make it possible to these technologies mercial Realtors® use these approaches As improve on the quality, advance, efficiency and theCommunications savings over legacycustomsystems. combined with local knowledge in order to SwitchTel ers are able to deploy new services features a part of their As these already technologies advance, obtain an accurate valuation of commer- and Communications customnew SwitchTel phone system. Additionally, we able to deploy new a are Hosted Solution that services elimicial property. A proper valuation will insure offerers and already a part of their thefeatures need for an organization new phone system. we the highest return while being properly nates to make a major capitalAdditionally, expenditure offer a Hosted Solution that elimian upgrade and with no maintepriced for the market in which it resides. for nates the need for an organization nance and upgrade cost. Since 1998

Since 1998

Valuating property should not be taken lightly and should be left to professional commercial Realtors® who know their trade. Not doing so could cost buyers, seller and investors thousands of dollars.  Author Jim Timberlake is a Commercial Real Estate Consultant with the Coldwell Banker Commercial Crown Group in Mount Dora, Florida. He has lived in Central Florida since 1964 and in Mount Dora since 1986.

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DYLA N 26

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W

ell before ‘Uncle Bobby’ actually became a laureate (winning the Nobel Prize in Literature, in 2016), so many hundreds of times so many thousands of people had their eyes and ears transfixed upon a darkened stage, waiting for the big moment to arrive. Finally— from somewhere off in the wings—would come the announcement from Dylan's stage manager, Al Santos, speaking grandiose words reportedly traced to an article by Buffalo News music critic, Jeff Miers: The poet laureate of rock ‘n’ roll. The voice of the promise of the ’60s counterculture. The guy who forced folk into bed with rock, who donned makeup in the ’70s and disappeared into a haze of substance abuse, who emerged to ‘find Jesus,’ who was written off as a has-been by the end of the ’80s, and who suddenly shifted gears and released some of the strongest music of his career beginning in the late ’90s. Ladies and gentlemen, please welcome Columbia recording artist, Bob Dylan!

And yet, even as mainstream Dylan fans were taking note of the modern-bard's every move, a much less obvious tipof-the-hat was also taking place. Writing for The New York Times in 2016, Adam Liptak shed light on the fact that, “Bob Dylan's pointed and versatile lyrics are cited in judicial opinions more than those of any other songwriter.” Moreover, Liptak's article provides

Art: Photos.com Photos: Thinkstock / Kaycco / boggy22 / axstokes / TonyLomas / Hemera Technologies

 by James Hope, J.D.

Part I:

Licensing: www.CagleCartoons.com / Petar Pismestrovic, Kleine Zeitung, Austria

lays down the

LAW

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thing scholarly, this current Lake Legal News article is simply a light-hearted attempt to assemble a few of Dylan's lyrics which in one way or another touch upon law, justice, or the plight of some poor unfortunate soul looking for a fair shake. Given the vastness of Dylan's work, let's call this installment of the endeavor “Part I”—and leave the door open for a future collection of lyrics if the mood once again strikes me. So here it goes (for better Not to be in any way mistaken for some- or worse), as Dylan lays down the law: 

Lyric Written by: Bob Dylan © 1983 by Special Rider Music

Lyric Written by: Bob Dylan © 1966 by Dwarf Music; renewed 1994 by Dwarf Music

interesting examples of the subject matter covered by the opinions which quote Dylan, including cases from the realm of consumer fraud, antitrust, expert witnesses, and sex discrimination. (Liptak's key source of information appears to be University of Tennessee law professor Alex B. Long, who authored a 2012 study, “The Freewheelin’ Judiciary: A Bob Dylan Anthology,” 38 Fordham Urb. L.J. 1363 (2010).)

Lyric:

[T]o live outside the law you must be honest

Comment:

A simple, yet poignant phrase that despite its brevity is open to much discussion. To some, it evokes the notion of a “code” found among pirates, outlaws, thieves and mafia-types. To others, it evokes the memory of a Biblical passage: “For when people of the nations, who do not have law, do by nature the things of the law, these people, although not having law, are a law to themselves. They are the very ones who demonstrate the matter of the law to be written in their hearts, while their conscience is bearing witness with them, and by their own thoughts they are being accused or even excused.” (Rom. 2:14 - 15)

Lyric:

Steal a little and they throw you in jail Steal a lot and they make you king

Comment:

At the same time, one of the saddest comments and truest observations I can think of. Welcome to mankind's justice, ancient to modern.

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Comment:

Rest assured, one and all, that because “the ladder of law has no top and no bottom,” it flows naturally that “even the nobles get properly handled.” (And if you believe that one, I have a bridge I'd like to sell you.) Of course, Dylan fans know that in the context of the song (“The Lonesome Death of Hattie Carroll”), this justice-ideal doesn't fly; and it's probably as obvious to anyone now pondering these words that in today's real world, it still doesn't.

Lyric:

Now I've always been the kind of person that doesn't like to trespass but sometimes you just find yourself over the line

Comment:

I actually got to recite this to the jury during my last felony trial—as it is akin to the legal axiom, “The act isn't guilty unless the mind is guilty.” (But Dylan's prose delivers so much more panache, don't you think?)

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Lake Legal News May 2017

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Lyric Written by: Bob Dylan © 1964, 1966 by Warner Bros. Inc.; renewed 1992, 1994 by Special Rider Music Lyric Written by: Bob Dylan © 1983 by Special Rider Music

Lyric:

In the courtroom of honor, the judge pounded his gavel To show that all's equal and that the courts are on the level And that the strings in the books ain't pulled and persuaded And that even the nobles get properly handled Once that the cops have chased after and caught ’em And that the ladder of law has no top and no bottom

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(Traditional lyric), arranged by Bob Dylan © 1993 by Special Rider Music

Lyric Written by: Bob Dylan and Jacques Levy / © 1975 by Ram's Horn Music; renewed 2003 by Ram’s Horn Music

Lyric Written by: Bob Dylan © 1964, 1966 by Warner Bros. Inc.; renewed 1992, 1994 by Special Rider Music

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Lyric:

Ah, my friends from the prison, they ask unto me “How good, how good does it feel to be free?” And I answer them most mysteriously “Are birds free from the chains of the skyway?”

Comment:

Cryptic-sounding at first (noting of course the admission, “I answer them most mysteriously”), it becomes less-so when one takes hold of a truism: All freedom is relative, and not absolute. Surely any person outside of prison walls must feel—as the expression goes—“Free as a bird!” (by comparison). And yet Dylan quickly brings all things down to reality using one penetrating question: “Are birds free from the chains of the skyway?" (Are they truly?)

Lyric:

“What time is it?” said the judge to Joey when they met “Five to ten,” said Joey. The judge says, “That's exactly what you get”

Comment:

I've known a few judges with this same sense of humor—if you can call it that.

Lyric:

Curtis said to the judge, “What might be my fine?” Judge says, “Poor boy, you got ninety-nine.”

Comment:

Yep. Sometimes the ‘bad guy’ is the last person to catch-on. To me, this is reminiscent of a true story: I once represented a young man who initially thought his quadruple-sexual-battery charges would result in probation. Instead, his best possible deal was to accept 25 years in prison—to at least one day be free.

Lake Legal News May 2017


Lyric:

That four ears will not hear him That five walls will not hide him That six diggers will not bury him And that seven deaths shall never kill him

Comment:

Lyric Written by: Bob Dylan © 2012 by Columbia Records / Sony Entertainment

Can you detect that someone here is slightly ‘miffed’ at the judge? Those familiar with Dylan know that these seven curses (from the song of the same name) are the result of an unspeakably horrid miscarriage of justice. In as much as this seven-part retaliatory sentiment comes at the very end of the song, I won't spoil the reason therefor; give the haunting “Seven Curses” a listen for yourself.

Lyric:

Gonna put you on trial in a Sicilian court

Comment:

Why do some argue that Dylan is the greatest singer of all-time? It's bad enough to be put on trial, but when he snarls, “in a Sicilian court”—it's simply terrifying!

(End of “Part I”)

Lake Legal News May 2017

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Lyric Written by: Bob Dylan © 1963, 1964 by Warner Bros. Inc.; renewed 1991, 1992 by Special Rider Music

These be seven curses on a judge so cruel: That one doctor will not save him That two healers will not heal him That three eyes will not see him

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LAKE COUNTY BAR

r e h t u o y Were

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ASSOCIATION GOLF

e?

TOURNAMENT 2017 Lake Legal News May 2017

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“LAW DAY” 2017

r e h t u o y Were

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e? Editor's Note: Attorney Dan Mosley presented the Annual James Durden Diversity Leadership Scholarship to Savannah Sookchan (this page). Attorney Zachary McCormick presented a $100 check to Teen Court Award winner Krissinda Matheny, and flowers to program coordinator Stephanie Glass (opposite page).

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Lake Legal Book

News: Briefs

Getty Images

By: Gary S. Roen

• The Sky Is Falling By: Sidney Sheldon Publisher: Harper Collins Something very strange is happening with the Winthrop family. Dana Evens and anchorwoman for a Washington TV station is on a mission to find out why all of the members have all died mysteriously. What she finds takes her all over the world. “The Sky Is Falling” is a non-stop Sidney Sheldon read for readers to discover this author. • What's The Worst That Could Happen?

A simple task for this master criminal. But there is one minor flaw. Max Fairbanks, the owner of the house, just happens to be home. Along for the caper are his cohorts in crime, Andy Kelp and Stan Murch and some other interesting characters that add to the hilarious caper that will once again have readers laughing out loud at the funny situations the gang get themselves into. “What's The Worst That Could Happen?” is typical Westlake fare that shows why he was the master of the comic caper. • Company of Thieves By: Gil Roscoe Publisher: Kensington Publishing Corp.

By: Donald E. Westlake Publisher: Hachette Book Group USA

Warren Allison has a great job with Pacific Bell. He runs a machine that stuffs phone bills into envelopes. He has his own place John Dortmunder is recruited by a friend and a girlfriend who re-enters his life. to burglarize a billionaire's vacant home. “Company of Thieves” has the feel of a

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 May 2017


Donald E. Westlake comic caper novel • Confessions: The Paris Mysteries that is filled with interesting characters that will keep you laughing out loud. By: James Patterson & Maxiene Paetro Publisher: Hachette Book Group USA • Double Shot By: Raymond Benson Publisher: Penguin Group USA

The third installment of the “Confessions” series reveals many new aspects of the life of Tandy Angel. Taking place in Paris Tandy finds out her boyfriend has left with no way to contact him, telling her before he left how much he loves her. She also learns a few more reasons for the death of her parents and some other things she did not know about her siblings. “Confessions: The Paris Mysteries” is a fast paced read that will have readers wanting more tales of this very interesting lead female character who has a lot of deep secrets in her life.

The sixth Bond novel by Raymond Benson has 007 on medical leave on a personal mission to avenge the killing of a friend. The group that first appeared in “High Time to Kill” is out to destroy Bond's reputation with a perfect double who kills openly so that Bond will get the blame. The story races along with lots of action until Bond confronts his look alike. Benson's complicated plot is at times reminis- • Smooth Operator cent of some of the best Fleming novels. “Double Shot” is a top notch Bond novel. By: Stuart Woods & Parnell Hall Publisher: Penguin Group USA

• The Quest for Safer Products: Creation of the US Consumer Product Safety “Smooth Operator” is very different in Commission several ways from others by Woods (This is the first time he has co-written any of By: Richard O. Simpson his books.) Teddy Fay is the main characPublisher: Legacy Book Publishing ter of the story while Stone Barrington does play a major role in the events of the tale. The Woods trademark of susI had high expectations for “The Quest for penseful situations is here as are many Safer Products” but, the author has writ- of the other characters from the many ten a very disappointing book that should Barrington books. “Smooth Operator” is have been a powerhouse expose of some the first of many other titles Woods will of the things that are wrong with this do in the future that reads like any of country. Where it should have shown how the books he has done by himself. Fans consumers are protected from bad prod- will love that there are more Woods novucts and companies business practices it els out for them to read in the future.  lightly touches on things but does make it very interesting to the reader. The most appealing portion of the book is the two Like LAKE LEGAL NEWS last sections where there are letters praison Facebook! ing the job Simpson did to protect the consumer and his articles that he tells how the Read Us Online: LakeLegalNews.com average citizen can protect themselves. Lake Legal News May 2017

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Civil Blotter

● Even beyond law school, many people have heard the expression “assumption of the risk.” Yet as shown in Petruzzella v. Church on the Rock of Palm Coast, Inc., 42 Fla. Law Weekly D1141a (Fla. App. 5th DCA, May 19, 2017), there are some subtleties worth noting. Petruzzella—a volunteer church musician—tripped over another musician's instrument cord and fell off stage during a rehearsal, badly injuring himself. He sued the church. Discovery in the case revealed that Petruzzella was a musician on that stage for years, “at least three to four times a week and, as a result, he was familiar with the various cords attached to the instruments that would be unsecured.” Advancing procedurally:

© iStockphoto.com / James Benet

[T]he trial court found... that the Defendant was entitled to summary judgment based upon the express assumption of the risk, that Mr. Petruzzella was aware of the condition of the stage and either knew or should have known of the risk of tripping over the unsecured cords

Criminal Blotter 38

Lake Legal News May 2017

● Can being a habitual traffic offender ever be a good thing? Or how about being a driver who never had a driver's license? So often laypersons think of the law in terms of being marked by loopholes— but here's an appellate opinion (Finney v. State, 42 Fla. Law Weekly D1147b (Fla. App. 1st DCA, May 19, 2017)), which actually uses the word. Follow this: Finney was originally charged with a felony-level driver's license offense (pursuant to Fla. Stat. 322.34(5)), but the trial court correctly dismissed that charge because Finney never had a Florida driver's license. The State tried new charges, (this time under section 322.34(2)(c)) for driving while Finney's driving privilege was suspended or revoked. However that section excludes “habitual traffic offender[s]”—which the State did not dispute Finney was. Therefore, Finney again moved to dismiss, arguing that he could not be charged under section 322.34(2)(c). The trial court denied Finney's motion, noting that the result advocated by Finney “cannot possibly have been the intent of the legislature and this result goes against public policy and neglects public safety.”

on the stage, yet continually, repeatedly, and expressly assumed the risk of performing on that stage over a two-year period up until and including the date of the accident. The trial court's finding that Mr. Petruzzella expressly assumed the risk of performing on that stage is contrary to the law of Florida regarding express assumption of risk, implied assumption of risk, and principles of comparative negligence. In the case of Blackburn v. Dorta, 348 So. 2d. 287 (Fla. 1977), and more recently, in Mazzeo v. City of Sebastian, 550 So. 2d 1113 (Fla. 1989), the Florida Supreme Court specifically discussed the continuing viability of the doctrine of assumption of risk following the rule of comparative negligence and whether the doctrine should be expanded beyond express contracts not to sue and injuries resulting from contact sports. The Court spe-

* * * [T]he State argued that the “evil” addressed by section 322.34(2) (c) is the “exact indifference and disrespect [Finney] flagrantly continues to participate in” and that to preclude his prosecution under section 322.34(2)(c) “would limit the scope of the statute unreasonably and lead to absurd results.” * * * In sum, because Finney is a habitual traffic offender that cannot be prosecuted under section 322.34(2) (c), the trial court erred in denying his motion to dismiss the amended information. That said, because Finney cannot be prosecuted as a habitual traffic offender under section 322.34(5) since he has never been issued a driver's license, we agree with the trial court's observation that the result in this case “goes against public policy and neglects public safety.” Indeed, there appears to be a gaping loophole in section 322.34 because as the statute is written, an offender


cifically found that the doctrine of express assumption of the risk should not be expanded beyond express contracts not to sue and injuries resulting from contact sports, that conduct characterized as implied secondary assumption of risk, which is unreasonable in nature, should be evaluated by the jury under the principles of comparative negligence. Mazzeo, 550 So. 2d at 1114-17. Here, given that no express contract or contact sport is involved, Mr. Petruzzella's conduct of repeatedly walking across a stage with unsecured electrical cords on it is properly characterized as an implied assumption of risk that must be evaluated by the jury under principles of comparative negligence. Accordingly, the summary judgment in favor of the Defendant, Church on the Rocks of Palm Coast, Inc., is reversed, and the matter is remanded for further proceedings consistent with

who is a habitual traffic offender but who has never had a driver's license can escape felony punishment and receive a lesser punishment than a habitual traffic offender who had obtained a license. However, as we noted in Crain, “[i]t ‘ “is a firmly established rule that ‘Courts must apply a statute as they find it, leaving to the legislature the correction of assorted inconsistencies and inequalities in its operation.' ” [Citations omitted.] Only the Legislature has the power to close this loophole, and we urge it to do so. [Footnote omitted.] * * * [W]e grant the petition for writ of prohibition. In doing so, we note that the State is not precluded from prosecuting Finney in county court for driving without a valid license. ● This is not a fact pattern arising every day, but with more and more prosecutors leaving the state attorney's office to ‘hang a shingle,’ the case of Flaherty v. State, 42 Fla. Law Weekly D1059a (Fla. App. 4th DCA, May 10, 2017), may interest some:

this opinion. [Italics in original.] ● An important distinction was raised in the case of National Collegiate Student Loan Trust 2001-7 v. Lipari, 42 Fla. Law Weekly D1146b (Fla. App. 5th DCA, May 19, 2017). Charles Lipari was obligated on a student loan debt incurred by his son. The loan was originally made by JP Morgan Chase Bank, N.A., but when it went into default, the plaintiff (“NCT”) filed a collections suit. Thereafter, Appellee contends that NCT failed to provide notice of an assignment of the debt [i.e., from JP Morgan] to him as required by the Florida Consumer Collection Practices Act (FCCPA), section 559.715, Florida Statutes (2007), prior to filing suit. Appellee also contends that the notice of assignment provision is a condition precedent to the filing of a collection lawsuit under Florida law. The trial court agreed and entered judgment in favor of Charles

[W]e are confronted with the following issue: does the fact that appellant's defense attorney was originally the prosecutor on the very same case require a reversal. We decline to adopt a “per se” rule, and find that although this factual situation presents, at least facially, a situation prompting possible ethical concerns, that nonetheless, we must make a determination on a case-by-case basis of whether appellant's counsel labored under an actual conflict of interest. As to the present case, we find that the record before us does not support a finding that any potential conflict adversely affected trial counsel's performance. Thus, we affirm. * * * Since appellant is unable to identify a single instance where trial counsel's prior participation as a prosecutor “adversely affected” or compromised her representation of appellant, appellant asks us to forego requiring a showing of adverse effects and to adopt a “per se” rule as annunciated in United States v. Ziegenha-

Lipari. We disagree and reverse. * * * The Florida Consumer Collection Practice Act... provides that a holder of a promissory note can assign the right to bill and collect to a collection agency for the purposes of more expeditiously collecting consumer debt that is in default. Section 559.715, Florida Statutes (2007), requires a collection agency to give written notice to the debtor of the assignment at least thirty days prior to the filing of any action to collect on the debt. In the instant case, the entire note originally made by JPMorgan Bank, N.A., was assigned to NCT. No rights were retained by the assignor. There is nothing in section 559.715 that would indicate that written notice of the assignment is a condition precedent to filing suit. 

gen, 890 F.2d 937 (7th Cir. 1989). In Ziegenhagen, the court stated that “government employment in a prosecutorial role against one defendant and subsequent representation of that defendant in a defense capacity is not proper.” Id. at 940. The court found there was an actual conflict and presumed that the prior representation prejudiced the defendant. * * * Cuyler and Hunter mandate that this court reject any proposed “per se” rule and instead require appellant to demonstrate that the conflict had an adverse effect on his attorney's performance. As stated before, appellant must identify specific evidence in the record showing his interests were compromised. [Citations omitted.] [Ed. Note: See Florida Bar Rule 4-1.11, governing the conduct of former public employees in the representation of a private client.] 

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lorida citizens who value their firearms rights should avoid medical marijuana. For many, this is perplexing in light of the recent decision by Florida voters to decriminalize medical marijuana on a broader scale. However, the federal government still considers marijuana (aka cannabis) to be illegal to possess for any reason. The savvy reader may note that cannabis is now legal in some form in more 30 states and wonder how this could happen in light of the federal opposition. The answer is that we are currently in a time of legal flux and many grey areas have been created that pose a hazard to law-abiding citizens. This article will provide the reader with a survey view of several issues in play. Naturally the starting point is the United States Constitution and the Second Amendment thereto. The Second Amendment does not create gun rights that previously did not exist. Rather the amendments were intended to be an acknowledgement by the Founding Fathers that each American Citizen has inherent liberties that exist naturally without human artifice or design.

Licensing: www.CagleCartoons.com / Angel Boligan, El Universal, Mexico City

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Medical Marijuana And:

restriction of note was implemented by the federal government. When major rule making finally found its legs in the NFA it was not in response to actual and widespread tumult but rather the misdeeds of a handful of prohibition era gangsters. The Federal government asserted, in an unprecedented fashion, that it had Since the creation of the Second Amend- the right to regulate all U.S. citizens ment, various state and federal laws have where it previously had not such power. been created that have placed restrictions on the intrinsic right to keep and bear Then in 1968, Congress passed the Gun arms. However, because of another con- Control Act (GCA). Even though no prostitutional provision called the Supremacy vision within the Second Amendment Clause, the federal rule trumps any less provides the federal government with restrictive state rule. This means that if express authority for such action, the the state and federal law conflict, the fed- GCA, standing on the shoulders of the eral law is the one that must be followed. NFA, made it illegal for convicted felons, and others, to own firearms and created It was not until the National Firearms Act the requirement that all commercial (NFA) was passed in 1934 that any gun gun purchases happen only via federally 40

Lake Legal News May 2017


Florida Gun Rights licensed firearms dealers (FFLs). It is in the GCA (written down in 18 U.S.C. 922 of the federal code) that the phrase “prohibited class of persons” can be found and it is used to describe citizens who, for various reasons, are not legally allowed to own or possess firearms or ammunition. As an aside, much of the GCA language is widely viewed as having been a well-intentioned but largely ineffective reaction to the assassination of President John F. Kennedy, whose killer is believed to have purchased his bolt-action rifle through the mail. Whatever the politics of the day may have been, the clear aim of Congress in creating the FFL requirement was to allow the federal government to restrict the sale of firearms in a way that would afford oversight to the newly formed ATF. As a practical means of accomplishing its mission, ATF created the Form 4473 that contains a series of questions that must be answered by every prospective purchaser prior to completing a firearms sale. The FFL is required to inspect the citizen’s answers and stop the sale if a prohibited status is disclosed. Each prospective buyer must answer truthfully, under penalty of perjury, and the questions include inquiries that closely follow the language contained within 18 U.S.C. 922. These queries require the buyer to disclose, among other things, whether he or she is “an unlawful user of,or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” as well as any felony criminal record and citizenship status among others. However, the controlled substance question is the one that plays such a large role in the medical marijuana issue because what constitutes

an “unlawful user” is difficult to determine. The GCA constituted a sweeping power grab at the federal level and many things changed after it was enacted. Of note is one of the few things that it didn’t change. Specifically, the GCA does not prohibit the private sale or gift of firearms. This means that in states that permit such things (such as Florida) a bona fide private sale or gift does not require either a 4473 or background check. Writer: Zachary J. McCormick, J.D.

January-February-March 2017

New Winchester SuperX4 Built 4 Speed

Will Medical Marijuana Cost You Your Gun Rights? Sonya Yruel/Drug Policy Alliance

Editor's Note: This article first appeared in the Sportsman's Gazette (January - February -March 2017) and has been reprinted with the permission of William Lovelady,Editor.

It is important to clarify one major point. This article is not a ‘how-to’ guide for an aspiring criminal and just because the ATF may not be made aware of a private firearm sale doesn’t mean that it is OK for a member of the prohibited class of persons to buy a gun from a private seller. Both Florida and federal law make it very clear that any member of the prohibited classes of persons is prohibited from possessing a firearm or ammunition. The framework for the modern U.S. firearms regulation has changed relatively little since the GCA. Although there have been several hallmark gun control measures that were passed between 1968 and the present day, none are as relevant to the (Continued on next page) Lake Legal News May 2017

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questions surrounding medical marijuana. Now the question of jurisdiction and authority must be discussed to complete the analysis. Although congress is charged with making law, it frequently delegates the finer points of rule making to various administrative agencies that specialize in the particular matter being legislated. These agencies are sometimes referred to as the Fourth Branch of Government and have grown extremely powerful over the years. Although an administrative agency may not act in contravention of the U.S. Constitution, the Fourth Branch wields tremendous power. The ATF has extremely wide latitude when it comes to making rules within its mandate. To that end, the ATF will frequently generate opinion letters (sometimes referred to as “open letters”) that essentially state the agency’s legal position on a given matter. This discretion is what allowed the ATF to formulate the 4473 as it saw fit and it is this same discretion that allows it to modify the form as it deems necessary. The ATF issued an Open Letter in 2011 on the subject of medical marijuana. The message was quite clear that because marijuana is classified by the Drug Enforcement Agency as a “schedule 1” drug, the same as heroin or methamphetamine, there is no legal way to possess any quantity of the substance for any reason. Ergo, the ATF directed all FFL's to deny sale of a firearm to anyone that discloses their use of cannabis whether it is medically prescribed or not. This rule has, heretofore not been present on the actual 4473 form and, given the current reform in the area of drug law seems to some to be controversial.

disclose a host of highly sensitive information including race and place of birth. The ATF has also mandated that these forms be retained by the FFL for a period of not less than 20 years. Ostensibly this requirement is to aid law enforcement in their duties combating crime. However, critics decry it as a defacto ‘gun registration’ program, which is illegal under federal law. In concert with location of birth, current home address, height and weight information, the 4473 form contains an incredible amount of very personal information in addition to the mandatory disclosure questions. All of this has been implemented by the ATF which has deemed such information necessary. The language of the 4473 is apparently intended to help ensure accuracy and to filter out people that are considered “prohibited persons” by the law. Of concern to some, is that the definition of what constitutes a “prohibited person” has been expanded over the decades despite no such provision existing within the Second Amendment. It is now possible to permanently lose gun rights after a misdemeanor conviction and the number of ways to become a felon has also increased since the GCA was passed. Because there is no national gun license or gun registration program in the United States, the ATF's ability to impose its will is somewhat hampered because it can only effectively govern the sales that take place through licensed dealers. This doesn't mean that the ATF doesn't have jurisdiction to enforce the law against individuals, but as a practical matter, the ATF is simply not legally entitled to know about a lawful private sale in Florida.

As this relate to the topic of medical marijuana and firearms rights, Florida gun ownThe 4473 has not been a stranger to ers, who wish to use medical marijuana, controversy as it demands that buyers will be directly effected by these issues 42

Lake Legal News May 2017


because the ATF recently announced that, in 2017, a new 4473 form will need to be used that contains the express disclaimer that FFL’s may not sell a gun to a medical marijuana user because the ATF deems all cannabis to be illegal and therefore there can be no ‘lawful use’ of the drug. To many this would be the end of the discussion and in many ways it is for those that do not have the desire to fully assert their rights. For those that wish to know more, it is worth noting that the ATF must still abide by the Constitution. Although the ATF appears to have the present authority to direct FFL’s not to sell to medical cannabis users, its jurisdiction with respect to private sales appears to be more limited. This is because the federal rule that contains the regulations on gun ownership (18 U.S.C. 922) doesn’t delve into detail about the medical marijuana issue and in Florida it is legal for citizens to sell a firearm, in an isolated fashion, to another citizen without using a 4473.

cannabis may not act as a means by which to strip a citizen of her gun rights. The Wilson case also sheds some light on the true weight that is given to the “Open Letters” that the ATF releases from time to time. Wilson challenged the letter by the ATF from 2011 that was referenced earlier wherein the ATF expressed its position that medical use of marijuana is not a lawful use. The Justices concluded that the letter was essentially just a statement of policy that carried no legal authority. In other words, the ATF is free to state what it thinks, but as long as it is not seeking to create a new rule that would burden a citizen such statements mean little from a legal standpoint.

So where does all of this leave Florida gun owners who wish to legally use medical marijuana? Frankly, it leaves everyone in uncharted waters. FFLs are prohibited by ATF from selling a gun to a person who admits to using marijuana under any circumstances, and lying about marijuana use, or This position is bolstered by language anything else, on the form 4473 is perjury. used by the Justices in the recent 9th Federal Circuit Court of Appeals case, Wilson However, the Supreme Court is likely v. Lynch, D.C. (No. 2:11-CV-01679-GMN- to break its deadlock soon because it PAL). That case involved a woman (Wilson) will shortly take on a new member. As who had been issued a medical marijuana the justices begin hearing cases again, card and was denied the purchase of a fire- there will be a chance for Wilson and arm by the gun dealer as a result. A finer others to have their plea heard by the point of the decision deals with the fact highest court. Until then, the only safe that Wilson didn’t allege that she actually way for a Florida firearms owner to used marijuana and only received a medi- fully protect their Second Amendment cal marijuana card ostensibly to exercise interests is to avoid all unlawful narher First Amendment right to free speech. cotics including marijuana completely This is a nuance that could differentiate until such time as a court of competent the case from someone that actually uses jurisdiction rules definitively or legislamedical marijuana. The case appears to tion is passed that clarifies the matter.  stand for the fact that medical marijuana use would not make mere possession of Like LAKE LEGAL NEWS a firearm illegal. In other words at least on Facebook! one prominent set of federal judges has publicly acknowledged that some form Read Us Online: LakeLegalNews.com of possession of medically prescribed Lake Legal News May 2017

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ATTORNEY DIRECTORY Ms. Karen Rodriguez, J.D. Criminal Law ~ Clermont,FL

352 • 404-7881 www.KarenRodriguezLawFirm.com Former Prosecutor • Bilingual (Consulta Gratis)

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

352 • 742-7474 www.ZJMLaw.com Divorce, Child Custody, Child Support & Related Matters

Mr. James Hope, J.D.

Seal / Expunge Records ~ Tavares,FL 352 • 742-3488 www.AttorneyJamesHope.com Board Certified Criminal Trial Lawyer • Former Prosecutor

Mr. James E. Cardona, J.D. Immigration Law ~ Leesburg, FL 352 • 728-5557 www.TheCardonaLawFirm.com Attorney at Law • Abogado (Hablamos Español) 44

Lake Legal News May 2017


Mr. Samuel Pennington, J.D. Bankruptcy Law ~ Tavares, FL

352 • 508-8277 www.PenningtonLawFirmPA.com Past Chairman, Orange County Bar Bankruptcy Committee

Mr. Zachary McCormick, J.D. Firearms Litigation ~ Tavares, FL

352 • 742-7474 www.ZJMlaw.com Practice includes Firearms Trusts; Firearms Rights Restoration

Mr. Ronald H. Watson, J.D.

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

Mr. Todd J. Mazenko, J.D.

Wills, Estates, Trusts ~ Eustis, FL 352 • 589-1414 www.BowenSchroth.com Probate, Estate Planning, Wills & Trust Litigation in Central FL

Mr. Cary Rada, J.D.

D.U.I. Defense ~ Tavares, FL 352 • 742-2778 www.CaryRada.com Board Certified Criminal Trial Lawyer • Former Prosecutor Lake Legal News May 2017

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on Tony Lop Foundati l a resto, Lak n o ti a c u r d o e f E s County's fo The rate e p o ty rm n u e r o B C u e il ding Services S blic of Lak upervisor, f local pu ents. o t fi e n h e as been name the b and stud s d r e th h e c c a o u nty's new Build school te mes A. Myers is ing Service a J : y o e f n s Attor ent. For in m Division Manager. id s e r p e ke.co now vic dationLa n u o F d www.E Geraldine “Jeri” Kerr (1953 ‒ 2017) 28 yrs., Lake's Official Ct. Reporter

Lake County attorney Harry Hackney recently participated in “Florida y.” Virtual School Career Da le He spoke online to midd at school students about wh yer. it takes to become a law

Adopt “STICH”

Humane Society of FL) ke La County (Umatilla, 0 40 9-7 58 (352) Lake County Fire Rescue has opened Station 20 in Umatilla, Florida

COMMUNITY CORK BOARD Sponsored by:

www.1884RestaurantAndBar.com • Eustis, FL

Lake C ounty's t Driver's C Free, instan —are you E 's l d e r Service hildren and ck dicial Circuit cludes Ju th 5 e s h License che ed? Expired? T C o Rebecc le in ell a Foley ordinator HOLIDAY schedu s: Valid? Canc the web link te a K d h g e as retire in se d after 7 arney these upcom Revoked? U of the home t h y e e 2017 n., May 29, 017 at the bottom ! Go to either: d position; the n ars in o M w ew coor inator is ,2 page right no alNews.com Mon., July 3 , 2017 Stepha g e 4 ( n L f ly e o i k e Gl rme e Tues., Ju 4, 2017 www.La eyJamesHop for T rly the Coordi ass rn o tt .A w w Mon., Sept. 21, 2017 n w een Cou ator or r t ). Thurs., Sept., 2017 .com Fri., Nov.10

Community Legal Service s of Mid-Florida, through their Volunteer Lawyers Proje ct, has named attorney J.J. Dahl of Clermont, Florida, as its 2017 Lake County Pro Bo no Attorney of the Year. 46

Lake Legal News May 2017

Court interpreters can be scheduled online: http:// www.circuit5.org/c5/courtinterpreter-request-form/ Remember to plan ahead— availability of unscheduled “on call” interpreters cannot be guaranteed!

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

LAKE LEG AL NEWS


for e a deputy ir h to d e as e N etail, such D ty u -D f ? an Of l or security o tr n o c ic f traf ” form ire a deputy Use the “h e: iff 's websit on the sher w the o O.org (Foll S C .L w w w ” link.) “How do I? Veteran atty. Hal Uhrig has become “Of Counsel” to Zachary McCormick

Katelyn Rodriguez (l)— promoted to Inmate Records Supervisor!

The law firm of McLin ubBurnsed has issued a “p e lic alert” that its practic un r fo ed name is being us , lls ca n authorized solicitatio seeking personal informa calls tion. Please report these y. an mp co to your telephone

Atty. Anita Geraci-Carver —5th Cir. JNC appointment by Gov. Scott :)

Submit your announcement or photo at www.LakeLegalNews.com — free! ...Space is limited Written in ‘ invisible chalk’ (you didn't just read this)

Lake Legal News May 2017

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LAST Roll of Film . . . Investiture Ceremony For Lake's Newest County Judge: Brian J. Welke • February 17, 2017 ►

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Lake Legal News May 2017

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Photos by Bonnie WHICHER photography • Mt. DORA ►

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Proudly Introducing Our Firm′s NEW PARTNER...

Jimmy Crawford • Stephanie Modica • Merideth Nagel

Stephanie Modica was raised in Clermont, Florida. She graduated from

the University of Florida in 2003 with a degree in Political Science. She next obtained her Juris Doctor in 2006 from Roger Williams University School of Law where she graduated Cum Laude from the Honors Program and was an Assistant Editor of the law review. S​ tephanie began her career as a Judicial Staff Attorney for the Honorable Don F. Briggs, Honorable Mark Nacke, and Honorable Michael G. Takac from 2006-2012. As a Staff Attorney, Stephanie handled both civil and criminal dockets, with issues including family law matters, class actions, complex civil matters, illegal sentences and capital post conviction relief. From 2012-2014, she was an Assistant Public Defender under the Honorable Michael A. Graves, representing clients in juvenile, misdemeanor, felony and criminal contempt matters as well as appeals. Stephanie is currently concentrating her practice in the areas of Criminal Defense and Family Law.

“In The Business of Making a Difference” (352) 394-7408 / 1201 W. Hwy. 50, Clermont, FL 34711

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Lake Legal News May 2017


Thank you

for your

TRUST.

30 Year

th

in Tavares

Specialist

Expert

A small sample of my past jury trials...

JAMES HOPE, J.D., B.C.S. Fla. Bar Board Certified Criminal Trial Lawyer (Former Lake County Assistant State Attorney)

Murder in the First Degree • Murder in the Second Degree • Sexual Battery Upon a Mentally Defective Person • Armed Kidnapping • Trafficking in Oxycodone • Sexual Battery Upon a Child Under 12 Years of Age • Shooting At, Within, or Into a Building • Burglary of a Dwelling • Evidence Tampering • Robbery with a Firearm • Principal to Murder in the First Degree • DUI Causing Serious Bodily Injury • Aggravated Child Abuse • Showing Obscene Material to a Minor • False Imprisonment • Aggravated Battery with a Firearm • Possession of Firearm by a Convicted Felon • Lewd / Lascivious Molestation of a Disabled Person • Principal to Armed Robbery • Aggravated Battery • Sexual Activity with a Minor • Armed Burglary • Aggravated Assault with a Firearm • Lewd / Lascivious Molestation of a Child • Attempted Second Degree Murder with a Firearm • Sexual Battery Causing Injury to the Sexual Organs of a Child Less Than 12 Years of Age

Call me when the stakes are high, and you are serious about being defended.

And your many years

of valued

REFERRALS.

www.AttorneyJamesHope.com • (352) 742-3488 • AttorneyJamesHope@gmail.com (Of Counsel): Law Office of Zachary J. McCormick • (352) 742-7474 • Info@ZJMlaw.com 210 North Texas Avenue, Tavares, FL 32778


Lake Legal News #30  

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

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