Patrick Megaro: Law Blog of prominent Orlando Criminal Law Defense Attorney John Guidry publishes Guest Articles on matters of crucial importance in Criminal Defense

Law Blog of prominent Orlando Criminal Law Defense Attorney John Guidry publishes Guest Articles on matters of crucial importance in Criminal Defense

Blog is publishing two guest articles by criminal defense attorney Patrick Megaro

Orlando, FL (August 2018) – Respected Orlando Criminal Defense attorney John Guidry, II has served the community by defending the criminally accused since 1993. Among his numerous awards and accolades are “Top 100 Trial Lawyers” and “Best Criminal Defense Lawyer in Orlando” (2016). To provide information to the public, Mr. Guidry maintains a Blog with matters of crucial importance in the area of criminal defense, questions such as “Must an Alleged Victim Show Up in Court?” and “Can I Be Convicted If There’s No Evidence?”

Mr. Guidry is now publishing a series of two guest blog articles on his Blog. The first of the articles is “How to Preserve Error At Trial in Florida: An Appellate Lawyer’s Practice Tips (PART 1)”, written by fellow Criminal Defense Attorney Patrick Megaro. In the first article, just published on the Blog, Mr. Megaro addresses the problem when an error at trial is not properly preserved for appeal. In legalese, that is something like “This issue before us was not properly preserved for appellate review and is therefore not now cognizable.  Affirmed.”  Mr. Megaro explains that “appellate lawyers cringe when we see these words written, especially in our own case decisions.  This means that no matter how brilliant the trial attorney was, they did not make a specific, timely objection at the trial level, which has effectively waived their client’s right to appeal that issue.” 

The law requires that any error during trial be properly preserved. Thus, a lawyer must be specific with the objection so as to inform the trial court of the perceived error.”  State v. Garza, 118 So.3d 856 (Fla. 5th DCA 2013). It means that the attorney must spell out WHY he or she objects (be it in a motion, a post-hearing memorandum of law, a written notice of objection, or an argument on the record at the appropriate time why something is legally erroneous). Further, such objection must be SPECIFIC. Finally, the objection must be TIMELY and CONTEMPORANEOUS.  This means that the attorney must immediately object when something is coming into evidence – sometimes before and after. 

Mr. Megaro then continues with specific advice about common issues that arise during the course of a trial. One of those issues is the suppression of evidence. Explains Patrick Megaro: “If you move to suppress evidence prior to trial, make sure you make another objection at the time the evidence is introduced in order to preserve the objection.  You can make the objection at the time of introduction by incorporating your prior arguments, and by making any new arguments that came up during the trial (such as authenticity, foundation, etc).”

The second part of the blog articles is forthcoming shortly.

About Attorney John P. Guidry, II

The Law Firm of John Guidry is dedicated to defending the rights of the criminally accused.  Mr. Guidry has defended thousands of citizens arrested on a wide variety of crimes.  This aggressive, intelligent criminal defense work started with an Accounting Degree, then a Master's Degree, then a Juris Doctorate, all with Honors, then admission to the Florida Bar (1993). 

Law Firm of John P. Guidry II, P.A.

320 North Magnolia Avenue #B1

Orlando, FL 32801

Phone: (407) 423-1117 

Blog of Criminal Defense Attorney John Guidry

Website: https://www.jgcrimlaw.com/

Mr. Guidry’s legal blog is at https://www.orlandocriminaldefenseattorneyblog.com/

About Attorney Patrick Megaro

Patrick Michael Megaro is a partner at Halscott Megaro PA. His primary areas of practice are criminal defense, criminal appeals, post-conviction relief, civil appeals, and civil rights litigation.

Website: https://www.appealslawgroup.com/our-attorneys/patrick-megaro-esq/

Attorney Profile: https://criminal-defense-attorney.squarespace.com/patrick-michael-megaro-esq/

 


**** Patrick Michael Megaro is a partner at Halscott Megaro PA. His primary areas of practice are criminal defense, criminal appeals, post-conviction relief, civil appeals, and civil rights litigation. Facebook: https://www.facebook.com/patrickmichael.megaro.9 - Attorney Profile: https://criminal-defense-attorney.squarespace.com/patrick-michael-megaro-esq/ - Attorney Profile at: https://solomonlawguild.com/patrick-michael-megaro; Attorney News at: https://attorneygazette.com/patrick-megaro%2C-esq#ab17a387-a757-4c0f-bc37-81f556fd15ea

U.S. Court of Appeals schedules oral hearing in case of controversial shooting of unarmed, 20-year-old Jayvis Benjamin

U.S. Court of Appeals schedules oral hearing in case of controversial shooting of unarmed, 20-year-old Jayvis Benjamin

Attorney for the family of Benjamin, Patrick Megaro, will argue the issues before the appeals court.

Orlando, FL (August 2018) – The law firm of Halscott Megaro announced that an appeal involving the shooting of Jayvis Benjamin will be heard by the Court of Appeals. In January 2013, Lynn Thomas, a police officer in Decatur, Georgia shot and killed an unarmed 20-year-old black college student, Jayvis Benjamin. Benjamin had allegedly stolen a car and crashed it in a residential front yard. Officer Thomas shot and killed Benjamin after he exited the vehicle through the window because the door would not open. The facts as to what exactly happened when Benjamin exited are in dispute. The police cruiser’s dashboard video of the incident is inconclusive, the shooting took place off-camera.

A civil grand jury recommended officer Lynn Thomas be indicted for Benjamin’s death. In March 2016, however, the District Attorney decided not to charge the police officer, supposedly because its investigation concluded that a struggle had ensued. See news report https://decaturish.com/2016/03/reports-avondale-estates-officer-will-not-be-charged-for-shooting-unarmed-man/

Officer Thomas was subsequently promoted to Police Chief in 2016. See the news report at https://decaturish.com/2016/07/avondale-estates-officials-defend-hiring-police-chief-who-shot-unarmed-man/

With the assistance of attorney Patrick Megaro, Benjamin’s mother filed a lawsuit over the death of her son in May 2016 pursuant to 42 U.S.C. § 1983 (civil rights violations) in the U.S. District Court, Northern District of Georgia, alleging Excessive Force, Negligent Hiring/Training/Retention of Employment Services, and Wrongful Death against Avondale Estates Police Department (AEPD) Sergeant Lynn Thomas, Officer Thomas Gillis, Chief Gary L. Broden, and The City of Avondale Estates. All of the defendants except for Lynn Thomas were dismissed from the case. Lynn Thomas successfully moved for summary judgment (a decision based on the pleadings and available evidence before an actual trial), resulting in an appeal to the U.S. Court of Appeals for the Eleventh Circuit.

The Court of Appeals determined on August 3 that oral argument is necessary in this case. The issues in the case are essentially as follows:  whether there are material facts in dispute that preclude summary judgment, especially where the issue is excessive force, and whether deadly force was justified under the circumstances in which Jayvis Benjamin was not being arrested for a violent offense, was not armed, and did not attack Lynn Thomas.

Patrick Megaro, the attorney for Benjamin’s family, noted that he appreciates the opportunity to explain the disputed issues to the Court. “This case has been controversial and divisive. Facts are in dispute. Hopefully the hearing before the Court will clarify the issues for a just resolution of the matter.”

This incident has been widely reported and commented on in the press. Based on the published articles and opinions, it appears that to this day the facts are still controversial and disputed. The many news articles about the incident include, apart from the two articles referred to above:

The Atlanta Journal-Constitution: “DeKalb DA: Cop won’t be charged in controversial shooting,” https://www.myajc.com/news/crime--law/dekalb-cop-won-charged-controversial-shooting/Rf5YuWCDyIY321rHX2m8GN/

New York Daily News: “King: A Georgia cop gunned down unarmed black student Jayvis Benjamin nearly three years ago — so why no grand jury hearing?,” http://www.nydailynews.com/news/national/king-georgia-won-indict-fatally-shot-black-man-article-1.2466691

The appeals case is MONTYE BENJAMIN, and on her own behalf as administratrix for the estate of her Son Jayvis Ledell Benjamin v. LYNN THOMAS, Court of Appeals Docket #: 18-10204 (United States Court of Appeals for the Eleventh Circuit).

About Attorney Patrick Megaro

Patrick Michael Megaro is a partner at Halscott Megaro PA. His primary areas of practice are criminal defense, criminal appeals, post-conviction relief, civil appeals, and civil rights litigation.

 

**** Patrick Michael Megaro is a partner at Halscott Megaro PA. His primary areas of practice are criminal defense, criminal appeals, post-conviction relief, civil appeals, and civil rights litigation. Attorney Profile: https://criminal-defense-attorney.squarespace.com/patrick-michael-megaro-esq/ - Attorney Profile at: https://solomonlawguild.com/patrick-michael-megaro; Attorney News at: https://attorneygazette.com/patrick-megaro%2C-esq#ab17a387-a757-4c0f-bc37-81f556fd15ea