Tuesday, August 25, 2015

DeMine gets Not Guilty and Lesser Included Misdemeanor Verdict

Recently, Tom DeMine of Brener and DeMine, PLLC secured a Not Guilty verdict on one count and  a lesser included misdemeanor verdict on the second count of a two count felony information which was tried before a jury in Lee Circuit Court.  DeMine, who worked as a prosecutor in Lee County before joining attorney David A. Brener in  private practice, had counseled his client to reject the state's plea offer of prison time, and in so doing, saved him from years of incarceration.  Tom DeMine handles  felony and misdemeanor cases throughout the Twentieth Judicial Circuit, and in federal district court.
U.S. Supreme Court To Rule On Florida's Capital Murder Scheme, by David A. Brener

The United States Supreme Court granted review in May of a Florida death penalty case which will decide the constitutionality of Florida's capital sentencing scheme.  In Hurst v. Florida, the Supreme Court will decide whether Florida impermissibly permits juries to render an advisory death sentence by a mere majority vote, in contravention of the Sixth Amendment, and whether that lack of unanimity combined with judge sentencing and the lack of specific findings as to aggravating circumstances violates the Eighth Amendment's ban on cruel and unusual punishment.  Relying on the 2002 Supreme Court case of Ring v. Arizona, the Petitioner, along with amicus curiae briefs submitted by former Florida Supreme Court and trial judges, as well as the American Bar Association, argued that juries, not judges,  should make the factual findings and ultimate determination as to the sentence to be imposed.  They also made a compelling argument that jury unanimity should be required, as both reliability and community  moral standards are enhanced by unanimity of the jury when deciding the question of whether someone should live or die.  This case will be an extremely significant case for everyone connected with death penalty jurisprudence.  The case is scheduled for oral argument on October 3, 2015.

Wednesday, August 19, 2015

Fort Myers Naples Murder Homicide Attorney David A. Brener is Available to Represent Clients Charged With First Second Third Degree Murder Manslaughter Charges

Attorney David A. Brener (239) 332-1100 is available to represent clients charged with any homicide offense, including first, second, or third degree murder, manslaughter, vehicular homicide, DUI manslaughter, and driving without a license resulting in death.  Mr. Brener is lead counsel qualified for capital cases,  and has handled more than two dozen death penalty cases, as well as over one hundred murder cases.  Mr. Brener is rated "AV Preeminent" by Martindle Hubbell in Criminal Law, and is in the Bar Registry of Preeminent Attorneys.  David A. Brener is available for consultation and representation in Lee, Collier, Charlotte, Hendry, and Glades Counties, as well as throughout the State of Florida.

David A. Brener, Esq.
Brener and DeMine, PLLC
2550 First Street
Fort Myers, Fl. 33901
(239) 332-1100

2500 Airport Road
Naples Fl. 34112
(239) 300-4837

David Keaton, Florida's and the nation's first exonerated death row inmate, died last month after several years of poor health and a history of heart problems.  Keaton was one of the infamous "Quincy Five", who along with four others was innocent of the murder of an off duty sheriff's deputy which took place during a 1970 convenience store robbery in the Florida town of Quincy.  Coerced confessions, unreliable eyewitness testimony, and a lack of physical evidence contributed to Keaton's wrongful conviction and his placement on Florida's death row.  This was true despite the fact that the fingerprint evidence did not match, nor did the description of the getaway vehicle.  The work of a private investigator tied ballistic and fingerprint evidence to several other men, none of whom was initially charged.  Keaton was fortunate- he was not only exonerated- but was determined to be innocent within two years of being sentenced to death.  Most are not so lucky.  Since Florida reinstated the death penalty, there have been 25 exonerations, most of whom spent decades on death row for a crime they did not commit.  Outrageous.