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Hardesty, Tyde, Green & Ashton, P.A. blog
Wednesday, April 29, 2009
Defendants' rights law challenged
In the next few weeks a decision could come down from the U.S. Supreme Court that drastically affects the rights of defendants in criminal cases, especially vulnerable defendants, including disabled and indigent defendants. The Supreme Court will rule on a case, Montejo v. Lousiana (Docket No.07-1529). This case could overrule the 1986 case of Michigan v. Jackson.
Michigan v. Jackson was a case decided by the U.S. Supreme Court. This case dealt with a defendant's Sixth Amendment right to counsel during a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid. This decision applies to defendants who agree to talk to authorities without their attorneys present.
This case is especially important for indigent or mentally challenged defendants. Those defendants could be easily convinced to talk by savvy and intelligent police officers seeking a confession.
At Hardesty, Tyde, Green & Ashton we have extensive experience representing defendants in criminal cases. Call us to see if our criminal defense attorneys can help you or someone you know.
Michigan v. Jackson was a case decided by the U.S. Supreme Court. This case dealt with a defendant's Sixth Amendment right to counsel during a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid. This decision applies to defendants who agree to talk to authorities without their attorneys present.
This case is especially important for indigent or mentally challenged defendants. Those defendants could be easily convinced to talk by savvy and intelligent police officers seeking a confession.
At Hardesty, Tyde, Green & Ashton we have extensive experience representing defendants in criminal cases. Call us to see if our criminal defense attorneys can help you or someone you know.
posted by
Attorney Mike Alfano
at
10:42 AM
Monday, April 27, 2009
Off-Road Vehicle Safety
In November 2008 the Wall Street Journal reported that federal safety regulators are investigating the safety of the Yamaha Rhino. The Rhino has been linked to some 30 deaths. The Rhino, different from an ATV, does not fall under the safety regulations that ATV's are subject to. The Wall Street Journal in a November 4, 2008 article, stated that the Rhino "is not subject to ATV safety standards because of design differences such as having a steering wheel.... But the novel off-road vehicles aren't subject to the much-tougher standards for cars either." There are no federal safety standards in place for Yamaha to conform to when designing the Rhino to make sure that it is safe for the public.
The Wall Street journal in the same article, reported that "Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino's design is unsafe." In a follow-up article on April 1, 2009 the Wall Street Journal reported that "the Consumer Product Safety Commission said that Yamaha Motor Corp. has agreed to suspend the sale of its Rhino 450, 660 and 700 models." Yamaha has also agreed to offer free modifications to Rhino's already in service to make them less likely to roll over.
When the lawsuits against Yamaha began the Wall Street Journal reported that "Yamaha settled some but last year beefed up its defense and said it may start to fight rather than settle."
If you or someone you know has been injured while operating a Rhino you may be entitled to damages. For more information on how to find an experienced attorney willing to fight for you please contact us for a free consultation.
The Wall Street journal in the same article, reported that "Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino's design is unsafe." In a follow-up article on April 1, 2009 the Wall Street Journal reported that "the Consumer Product Safety Commission said that Yamaha Motor Corp. has agreed to suspend the sale of its Rhino 450, 660 and 700 models." Yamaha has also agreed to offer free modifications to Rhino's already in service to make them less likely to roll over.
When the lawsuits against Yamaha began the Wall Street Journal reported that "Yamaha settled some but last year beefed up its defense and said it may start to fight rather than settle."
If you or someone you know has been injured while operating a Rhino you may be entitled to damages. For more information on how to find an experienced attorney willing to fight for you please contact us for a free consultation.
posted by
Attorney Mike Alfano
at
5:39 PM
Thursday, April 16, 2009
Disability Policies and Equitable Distribution
The Florida Second District Court of Appeal has re-affirmed (in March 2009) that disability policies from which payments constitute a substitute for future lost income are non-marital property and are not subject to equitable distribution.
If you have been injured or need assistance with a family matter contact Hardesty, Tyde, Green and Ashton.
If you have been injured or need assistance with a family matter contact Hardesty, Tyde, Green and Ashton.
posted by
Karl Green
at
1:10 PM
Monday, April 13, 2009
Child Custody Issues
Sometimes grandparents find themselves thrust into the role of seeking custody of their minor grandchild. At times the parent of the child becomes involved in drugs or develops a mental illness that prevents the parent from taking care of their child.
Often the child's parent would rather their child be with the grandparents instead of in the custody of the state in a foster home.
If you need help with issues like this call Hardesty, Tyde, Green & Ashton.
Often the child's parent would rather their child be with the grandparents instead of in the custody of the state in a foster home.
If you need help with issues like this call Hardesty, Tyde, Green & Ashton.
posted by
Karl Green
at
1:26 PM
Friday, April 03, 2009
Fighting for Injured Workers
Last year the Florida Supreme Court struck down caps on attorney fees in workers compensation cases so that attorneys representing injured workers could get paid reasonable fees.
Currently the Florida Justice Association, which represents trial lawyers, has been lobbying lawmakers to reject legislation that would reinstate the caps.
The purpose of the caps is to prevent those injured on the job from hiring a lawyer to help them with their case.
If you have been injured on the job contact Hardesty, Tyde, Green and Ashton.
Currently the Florida Justice Association, which represents trial lawyers, has been lobbying lawmakers to reject legislation that would reinstate the caps.
The purpose of the caps is to prevent those injured on the job from hiring a lawyer to help them with their case.
If you have been injured on the job contact Hardesty, Tyde, Green and Ashton.
posted by
Karl Green
at
1:29 PM
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