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Legal Intelligence

News & Legal Updates

Key court decisions, legislative changes, and enforcement trends that affect criminal defense in federal and state courts. George J. Vila monitors these developments to keep his clients informed.

U.S. Supreme Court

Recent Decisions Affecting Criminal Defense

Erlinger v. United States (2024) — The Court held that the Sixth Amendment requires a jury — not a judge — to find beyond a reasonable doubt that a defendant's prior offenses were committed on separate occasions under ACCA. Read Opinion ↗ Smith v. Arizona (2024) — The Confrontation Clause is violated when an expert conveys an absent analyst's statements as the basis for the expert's opinion. Important for drug cases relying on lab analysis. Read Opinion ↗ McElrath v. Georgia (2024) — An acquittal by reason of insanity counts as an acquittal for Double Jeopardy purposes and cannot be retried. Read Opinion ↗ Diaz v. United States (2024) — Expert testimony about general behavior of drug couriers does not violate the Federal Rules of Evidence, even when the defendant claims ignorance. Significant for drug trafficking defense. Read Opinion ↗ Culley v. Marshall (2024) — Civil forfeiture proceedings need not provide a preliminary hearing to contest retention of seized property. Impacts asset forfeiture defense strategy. Read Opinion ↗
Eleventh Circuit Court of Appeals

Key Decisions for Florida Federal Defendants

The Eleventh Circuit — covering Florida, Georgia, and Alabama — issues decisions that directly affect federal criminal defendants in the Southern, Middle, and Northern Districts of Florida.

Fourth Amendment & Digital Privacy — Recent rulings on cell phone searches, cell-site location data after Carpenter, and the good-faith exception to the exclusionary rule. Read Analysis → Drug Quantity & Sentencing — Contested drug weight determinations, standards of proof at sentencing, and the use of acquitted conduct in guideline calculations. Read Analysis → Cooperating Witness Credibility — Disclosure requirements for impeachment material under Brady and Giglio, including prior bad acts and undisclosed sentencing benefits. Read Analysis → Post-Conviction Relief (§ 2255) — Procedural requirements for ineffective assistance claims, timeliness of newly discovered evidence, and impact of Johnson v. United States. Read Analysis →
Florida Supreme Court

State Court Developments

Drug Trafficking Thresholds — Florida's mandatory minimum sentencing thresholds for trafficking and how recent legislative changes affect prosecutions. Read Analysis → Stand Your Ground / Self-Defense — Evolving case law on immunity hearings and the burden of proof in self-defense claims under Florida Statute § 776.032. Read Analysis → Florida Supreme Court Opinions — Full database of opinions from the Florida Supreme Court. Visit Court Website ↗
Federal Sentencing

2024-2025 Sentencing Guideline Amendments

Guideline Amendments — The U.S. Sentencing Commission's latest amendments affecting drug, fraud, firearms, and immigration cases, including changes to Criminal History calculations. Read Analysis → U.S. Sentencing Commission — Official amendments and policy statements from the U.S. Sentencing Commission. Visit USSC ↗
FCPA & White Collar Enforcement

DOJ Enforcement Priorities

FCPA Prosecution Trends — The Department of Justice continues to prioritize FCPA enforcement targeting Latin American business dealings and international corporate compliance. Read Analysis → DOJ FCPA Resource Guide — Official Department of Justice guidance on the Foreign Corrupt Practices Act. Visit DOJ ↗
International & Extradition

Extradition Law Updates

Treaty Developments — Changes in U.S. extradition treaties, fugitive surrender procedures, and constitutional challenges affecting Latin American clients. Read Analysis →
Court Resources
U.S. District Court — S.D. Florida ↗ U.S. Court of Appeals — 11th Circuit ↗ U.S. Supreme Court Opinions ↗ Florida Supreme Court Opinions ↗ U.S. Sentencing Commission ↗ Verify Bar Membership ↗

This page is for informational purposes only and does not constitute legal advice. Laws change; consult an attorney for advice specific to your situation.