The Florida Supreme Court held in Puglisi that a criminal defendant
does not have the authority to make strategic decisions in his case and that it is the defense counsel that "has the final authority as to whether or not the defense will call a particular witness to testify at the criminal trial.
The record cannot be manipulated on appeal, and the interests of the criminal defendant
and the lawyer are aligned in seeking reversal.
80) Referring to protections such as the double jeopardy defense, compulsory self-incrimination and the right to a jury trial, the Court stated: "[a] criminal defendant
may knowingly and voluntarily waive many of the most fundamental protections afforded by the Constitution.
In some instances, the problems associated with the fact that criminal defendants
are not automatically entitled to government witness lists are off-set by court orders requiring the government to provide such lists.
District Court for the Middle District of Florida, Orlando Division, held that in applying Florida law, when criminal defendants
plead guilty to a crime, as malpractice plaintiffs, they must prove their innocence in order to maintain a cause of action against their attorney.
Next, this article questions why a criminal defendant
can waive his or her right to counsel, but cannot waive his or her right to conflict-free assistance.
Supreme Court, many criminal defendants
will be going to trial without a prayer.
For while a statute requiring the courts to interpret statutes to promote justice might be clear on its face, muddled judicial opinions addressing the statute could still cause confusion among potential criminal defendants
The Court in Sell failed to take the necessary steps to define an individual's liberty interest in such a way as to preclude forced medication, under any circumstances, of a criminal defendant
awaiting trial solely to render him competent to stand trial.
Though the dock survived the Atlantic crossing, (14) and lingered in the courthouses of the eastern seaboard well into the twentieth century, (15) by the end of the nineteenth century most American courts had ceased to confine the criminal defendant
According to the court, physical restraints upon a criminal defendant
at trial should be used as rarely as possible because their use tends to erode the presumption of innocence that is an integral part of a fair trial.
Zimmerman is a criminal defendant
in a murder case where the defendant was accused of gunning down, unarmed, 17-year-old Trayvon Martin.