1) Dennis Wright was charged with criminal offenses related to a hit-and-run accident that killed a pedestrian. The victim's estate then sued Wright in civil court.
2) In the civil case, the estate sought discovery of Wright's financial records and social media accounts. Wright objected based on his Fifth Amendment privilege against self-incrimination.
3) The trial court ordered Wright to provide the requested discovery. Wright then filed a petition for certiorari seeking to quash the discovery order. The appellate court denied the petition and upheld the discovery order.
Darren Chaker http://darrenchaker,us/ notes, “[T]he First Amendment does not „belong‟ to any definable category of persons or entities: It belongs to all who exercise its freedoms.” First Nat. Bank. of Boston v. Bellotti, 435 U.S. 765, 802 (1978) (Burger, C.J., concurring). This federal court ruling found a Florida law preventing disclosure of police home address information to be unconstitutional for several articulated reasons based on the First Amendment. The court found the right to publish police home addresses did not fall within any category of speech the First Amendment allowed to exempt from protection.
Brayshaw v. City Of Tallahassee, 2010 - Landmark Case Striking Down The 1972...Terry81
The Landmark Case Of Brayshaw V. City Of Tallahassee, 2010. This federal case made Rob Brayshaw an American Civil Rights Hero Against Dumb and Dirty Cops Annette Garrett and Mike Dilmore who were very crooked and dishonest. The Florida Statute from 1972 known as "The Dildo Law" or "Dilmore's Law" was struck down as Unconstitutional on it's face and illegally applied by false police reports as there was no threat. Tallahassee cops attempted to illegally silence and use illegal censorships for exposing them as crooked police officers.
Brayshaw v. City Of Tallahassee, Illegal David Record Searches Federal LawsuitTerry81
Brayshaw v. City Of Tallahassee, Illegal and Criminal DAVID Searches were conducted to the Brayshaws illegally for exposing the dumb and dirty cops of Annette Garrett and Mike Dilmore at The Tallahassee Police Department. Various Civil and Constitutional Rights Violations have been exposed for illegal actions of Tallahassee Police Officers especially for using their mafia tactics of free speech and free press suppression of illegal censorships conducted.
Rob Brayshaw Fights With Dream Defenders v._DesantisTerry81
Rob Brayshaw is case cited in the fight with the Dream Defenders and The ACLU against Governor Ron Desantis for the Unconstitutional and illegal HB1 Bill against blacks and minorities for free speech and free press protected for legal and peaceful protests.
Brayshaw v. Annette Garrett, Unconstitutional Internet Posting RemovalsTerry81
Brayshaw V. Annette Garrett, Federal Lawsuit Against Her Unconstitutional Internet Posting Removals on the internet against the First Amendment and Constitutional Rights of Rob Brayshaw. Brayshaw has a Federal Court order against this crooked and dirty cop in which he has the right to criticize and publish her public and personal information regarding her various fraud and corruption working as a dirty police officer.
York County, Virginia General District Court Filing Traffic CourtChuck Thompson
http://www.gloucestercounty-va.com Posted for a story posted on the linked website dated April 22nd, 2015. Shows how the court ignored the rules of the court and railroaded a person who was fraudulently charged in our opinion.
Darren Chaker http://darrenchaker,us/ notes, “[T]he First Amendment does not „belong‟ to any definable category of persons or entities: It belongs to all who exercise its freedoms.” First Nat. Bank. of Boston v. Bellotti, 435 U.S. 765, 802 (1978) (Burger, C.J., concurring). This federal court ruling found a Florida law preventing disclosure of police home address information to be unconstitutional for several articulated reasons based on the First Amendment. The court found the right to publish police home addresses did not fall within any category of speech the First Amendment allowed to exempt from protection.
Brayshaw v. City Of Tallahassee, 2010 - Landmark Case Striking Down The 1972...Terry81
The Landmark Case Of Brayshaw V. City Of Tallahassee, 2010. This federal case made Rob Brayshaw an American Civil Rights Hero Against Dumb and Dirty Cops Annette Garrett and Mike Dilmore who were very crooked and dishonest. The Florida Statute from 1972 known as "The Dildo Law" or "Dilmore's Law" was struck down as Unconstitutional on it's face and illegally applied by false police reports as there was no threat. Tallahassee cops attempted to illegally silence and use illegal censorships for exposing them as crooked police officers.
Brayshaw v. City Of Tallahassee, Illegal David Record Searches Federal LawsuitTerry81
Brayshaw v. City Of Tallahassee, Illegal and Criminal DAVID Searches were conducted to the Brayshaws illegally for exposing the dumb and dirty cops of Annette Garrett and Mike Dilmore at The Tallahassee Police Department. Various Civil and Constitutional Rights Violations have been exposed for illegal actions of Tallahassee Police Officers especially for using their mafia tactics of free speech and free press suppression of illegal censorships conducted.
Rob Brayshaw Fights With Dream Defenders v._DesantisTerry81
Rob Brayshaw is case cited in the fight with the Dream Defenders and The ACLU against Governor Ron Desantis for the Unconstitutional and illegal HB1 Bill against blacks and minorities for free speech and free press protected for legal and peaceful protests.
Brayshaw v. Annette Garrett, Unconstitutional Internet Posting RemovalsTerry81
Brayshaw V. Annette Garrett, Federal Lawsuit Against Her Unconstitutional Internet Posting Removals on the internet against the First Amendment and Constitutional Rights of Rob Brayshaw. Brayshaw has a Federal Court order against this crooked and dirty cop in which he has the right to criticize and publish her public and personal information regarding her various fraud and corruption working as a dirty police officer.
York County, Virginia General District Court Filing Traffic CourtChuck Thompson
http://www.gloucestercounty-va.com Posted for a story posted on the linked website dated April 22nd, 2015. Shows how the court ignored the rules of the court and railroaded a person who was fraudulently charged in our opinion.
Motion To Dismiss Raanan Katz Copyright Lawsuitrkcenters
Miami Heat minority owner Raanan Katz does not appreciate the photo of himself circulating on the internet, so he is suing Google and a Miami blogger for refusing to take it down.
And Raanan Katz, RK Centers Owner, apparently has enough money to sue anybody else who posts the photo.
Motion for Summary Judgment by Kanawha Stone containing the deposition and re...Putnam Reporter
Motion For Summary Judgment with exhibit containing the depositions and resumes of the plaintiffs in the case of :
DOLORES HALBURN and MARK HALBURN,
Plaintiffs,
v.
CITY OF HURRICANE, WEST VIRGINIA,
a municipal corporation, BEN NEWHOUSE,
individually and in his capacity as City Manager
for the City of Hurricane, CLEVELAND
CONSTRUCTION, INC. dba Cleveland
Construction, Inc. Of Nevada, and KANAWHA
STONE COMPANY, INC.,
Defendants.
Putnam County WV Civil Action No. 07-C-298
Defendant's Motion to dismiss for violation of speedy trial rightsRich Bergeron
I prepared a very crisp and professional motion to dismiss just to watch Judge James D. O'Neill shoot it down with junk logic and misrepresentation of the law. He continues to show his blind loyalty to the bumbling prosecutors on my case. I had more than one lawyer tell me this was an excellent motion and hit on all the right points. This is where an appeal would expose how biased the judge really is.
Reply to State's Objection to Request For Court-Ordered SanctionsRich Bergeron
This is my quick reply to the ridiculously deficient objection to my sanctions motion filed by Deputy Grafton County Attorney Tara Heater. The judge ended up not giving Heater an extension and set the hearing for March 5, 2021.
Admissibility of Alcohol and Gaming Commission of Ontario Reports Omar Ha-Redeye
Admissibility of Alcohol and Gaming Commission of Ontario Reports
Read the full paper here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1523958
Annual Meeting of the World Institute for Research and Publication - Law
June 4-6, 2010
Former state water official files federal civil rights lawsuit against Las Ve...This Is Reno
Robert Coache has applied to receive an official exoneration by the State of Nevada after serving time in prison for crimes the Nevada Supreme Court later dismissed for lack of evidence. Whether he is granted that status, however, remains to be seen.
Coache, who spent 16 months in prison, could be eligible for $50,000 a year for each year served, under a 2019 law passed by the Nevada legislature.
It’s a drop in the bucket compared with the $5 million in damages he is now seeking in a federal civil rights lawsuit filed against Las Vegas Metropolitan Police Department (LVMPD) and the Clark County District Attorney’s Office.
Coache faced 49 charges, “spent over sixteen months in prison and was on parole for conspiracy to commit extortion by public officer or employee, extortion by public officer or employee, conspiracy to commit asking or receiving bribe by public officer, asking, or receiving bribe by public officer, conspiracy to commit money laundering, and forty-four counts of money laundering,” his attorneys said.
The Nevada Supreme Court in 2019 dismissed the 49 charges against him citing lack of evidence.
Court awards attorney fees to This Is Reno in public records lawsuit against ...This Is Reno
Washoe County District Court Judge Kathleen Drakulich this week awarded costs and attorney fees to This Is Reno in its public records lawsuit against the Reno Police Department.
Last year, This Is Reno sued RPD for failing to follow Nevada public records laws. Drakulich partially agreed. She said RPD failed to respond to a number of This Is Reno’s public records orders within the time frame required by law – up to seven months in one case.
Drakulich, however, said RPD properly denied the release of documents relevant to open investigations. She also said RPD can continue to redact officer faces from body worn cameras, a practice This Is Reno attempted to challenge.
Body cam redaction policies are inconsistently applied in Nevada. Most other states in the country do not redact officer faces, a point the Reno city attorney said was irrelevant.
In Nevada, some law enforcement entities are redacting officer faces from videos. That includes the back of officer heads, in RPD’s case.
The reason for the redactions, according to the Reno city attorney: The law prohibits the release of an officer’s photograph to the public unless the officer gives permission for the release.
An update of key employment law developments in 2014 in the District of Columbia, Maryland, and Virginia written by veteran employment lawyer Robert B. Fitzpatrick, principal of Robert B. Fitzpatrick, PLLC.
The Landmark Federal Case Of Brayshaw V. City Of Tallahassee, 2010. This is the federal court order protecting the First Amendment Rights Of Our U.S. Constitution Against Dumb and Dirty Police Officers, Malicious Prosecutors and Corrupt Judges. The 1972 Florida Statute Was Struck Down as Unconstitutional on its face and as illegally applied by dirty cops of Annette Garrett and Mike Dilmore with their falsely written police reports.
Motion To Dismiss Raanan Katz Copyright Lawsuitrkcenters
Miami Heat minority owner Raanan Katz does not appreciate the photo of himself circulating on the internet, so he is suing Google and a Miami blogger for refusing to take it down.
And Raanan Katz, RK Centers Owner, apparently has enough money to sue anybody else who posts the photo.
Motion for Summary Judgment by Kanawha Stone containing the deposition and re...Putnam Reporter
Motion For Summary Judgment with exhibit containing the depositions and resumes of the plaintiffs in the case of :
DOLORES HALBURN and MARK HALBURN,
Plaintiffs,
v.
CITY OF HURRICANE, WEST VIRGINIA,
a municipal corporation, BEN NEWHOUSE,
individually and in his capacity as City Manager
for the City of Hurricane, CLEVELAND
CONSTRUCTION, INC. dba Cleveland
Construction, Inc. Of Nevada, and KANAWHA
STONE COMPANY, INC.,
Defendants.
Putnam County WV Civil Action No. 07-C-298
Defendant's Motion to dismiss for violation of speedy trial rightsRich Bergeron
I prepared a very crisp and professional motion to dismiss just to watch Judge James D. O'Neill shoot it down with junk logic and misrepresentation of the law. He continues to show his blind loyalty to the bumbling prosecutors on my case. I had more than one lawyer tell me this was an excellent motion and hit on all the right points. This is where an appeal would expose how biased the judge really is.
Reply to State's Objection to Request For Court-Ordered SanctionsRich Bergeron
This is my quick reply to the ridiculously deficient objection to my sanctions motion filed by Deputy Grafton County Attorney Tara Heater. The judge ended up not giving Heater an extension and set the hearing for March 5, 2021.
Admissibility of Alcohol and Gaming Commission of Ontario Reports Omar Ha-Redeye
Admissibility of Alcohol and Gaming Commission of Ontario Reports
Read the full paper here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1523958
Annual Meeting of the World Institute for Research and Publication - Law
June 4-6, 2010
Former state water official files federal civil rights lawsuit against Las Ve...This Is Reno
Robert Coache has applied to receive an official exoneration by the State of Nevada after serving time in prison for crimes the Nevada Supreme Court later dismissed for lack of evidence. Whether he is granted that status, however, remains to be seen.
Coache, who spent 16 months in prison, could be eligible for $50,000 a year for each year served, under a 2019 law passed by the Nevada legislature.
It’s a drop in the bucket compared with the $5 million in damages he is now seeking in a federal civil rights lawsuit filed against Las Vegas Metropolitan Police Department (LVMPD) and the Clark County District Attorney’s Office.
Coache faced 49 charges, “spent over sixteen months in prison and was on parole for conspiracy to commit extortion by public officer or employee, extortion by public officer or employee, conspiracy to commit asking or receiving bribe by public officer, asking, or receiving bribe by public officer, conspiracy to commit money laundering, and forty-four counts of money laundering,” his attorneys said.
The Nevada Supreme Court in 2019 dismissed the 49 charges against him citing lack of evidence.
Court awards attorney fees to This Is Reno in public records lawsuit against ...This Is Reno
Washoe County District Court Judge Kathleen Drakulich this week awarded costs and attorney fees to This Is Reno in its public records lawsuit against the Reno Police Department.
Last year, This Is Reno sued RPD for failing to follow Nevada public records laws. Drakulich partially agreed. She said RPD failed to respond to a number of This Is Reno’s public records orders within the time frame required by law – up to seven months in one case.
Drakulich, however, said RPD properly denied the release of documents relevant to open investigations. She also said RPD can continue to redact officer faces from body worn cameras, a practice This Is Reno attempted to challenge.
Body cam redaction policies are inconsistently applied in Nevada. Most other states in the country do not redact officer faces, a point the Reno city attorney said was irrelevant.
In Nevada, some law enforcement entities are redacting officer faces from videos. That includes the back of officer heads, in RPD’s case.
The reason for the redactions, according to the Reno city attorney: The law prohibits the release of an officer’s photograph to the public unless the officer gives permission for the release.
An update of key employment law developments in 2014 in the District of Columbia, Maryland, and Virginia written by veteran employment lawyer Robert B. Fitzpatrick, principal of Robert B. Fitzpatrick, PLLC.
The Landmark Federal Case Of Brayshaw V. City Of Tallahassee, 2010. This is the federal court order protecting the First Amendment Rights Of Our U.S. Constitution Against Dumb and Dirty Police Officers, Malicious Prosecutors and Corrupt Judges. The 1972 Florida Statute Was Struck Down as Unconstitutional on its face and as illegally applied by dirty cops of Annette Garrett and Mike Dilmore with their falsely written police reports.
John J. Pankauski is a partner with Pankauski Hauser PLLC in West Palm Beach, Florida. Mr. Pankauski has spent over 20 years of his career handling matters involving wills, trusts, estates, probates, and guardianships. His practice is limited to disputes, trials and appeals of such matters. He is AV Preeminent rated by Martindale Hubel.
Carta de defensa de Mauricio Hernándezpegazohn1978
Defensa de Mauricio Hernández Pineda es enviada a la Corte del Distrito sur de Nueva York para solicitar que sea juzgado por separado en lugar de grupal junto al expresidente Juan Orlando Hernández y Juan Carlos "El Tigre" Bonilla, exjefe de la Policía Nacional el próximo 5 de febrero del 2024 en la ciudad de Nueva York, Estados Unidos.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
NCAA CONCUSSION MDL, ORDER AND PLAINTIFFS EXECUTIVE COMMITTEEmzamoralaw
The NCAA will also provide concussion education to athletes, coaches and trainers before each season. And medical personnel will be present at each “contact sport,” including football, lacrosse, wrestling, ice hockey, field hockey, soccer and basketball.
The $70 million figure could include as much as $15 million in attorney fees and up to $750,000 in out-of-pocket expenses. NCAA insurers are expected to pay at least part of the settlement, NCAA Chief Legal Officer Donald Remy said on the association’s website.
attorneys listed in the settlement as counsel for the plaintiff class are Seattle-based Steve W. Berman of Hagens, and Mark Zamora of The Orlando Law Firm P.C. in Decatur, Ga. AMONG OTHERS
First LowT Complaint filed in Georgia Punitive Damagesmzamoralaw
Court documents filed in the U.S. District Court, Northern District of Illinois indicate that four testosterone treatment lawsuits were filed on February 4, 2014, on behalf of men who allegedly suffered serious heart problems due to the use of AndroGel. Among other things, the complaints raise questions about the marketing of prescription testosterone therapies, and accuse the manufacturers of the medications of promoting them as treatments for fatigue, low libido, and other problems associated with the aging process. The complaints further allege that these marketing tactics led to many patients being prescribed testosterone therapy, despite having normal levels of the hormone. (Case Nos: 1:14-cv-00776, 1:14-cv-00780, 1:14-cv-00777, and 1:14-cv-00772)
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Responsibilities of the office bearers while registering multi-state cooperat...
Wright v marshaw
1. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
DENNIS WRIGHT,
Petitioner,
v.
ANNA MORSAW, as Personal Representative of the Estate of JORDAN
PARSONS, deceased, PATRICIA FULLER, and BSB DELRAY, LLC
d/b/a BUDDHA SKY BAR,
Respondents.
No. 4D17-0589
[December 13, 2017]
Petition for writ of certiorari to the Circuit Court for the Fifteenth
Judicial Circuit, Palm Beach County; Janis Brustares Keyser, Judge; L.T.
Case No. 50-2016-CA-007649-XXXX-MB-AD.
Robert B. Resnick, Fort Lauderdale, for petitioner.
Kara Berard Rockenbach of Link & Rockenbach, P.A., and Matthew K.
Schwenke of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm
Beach, for respondent Anna Morsaw, as personal representative of the
Estate of Jordan Parsons, deceased.
PER CURIAM.
Dennis Wright, the defendant in related civil and criminal cases,
petitions for a writ of certiorari seeking to quash portions of a discovery
order entered in the civil case requiring him to provide certain records over
Fifth Amendment privilege against self-incrimination objections. We deny
the petition because petitioner has not demonstrated that the trial court’s
order departs from the essential requirements of law.
Petitioner was charged with various criminal offenses for an April 2016
hit-and-run accident that resulted in a pedestrian’s death. The State
alleged that petitioner drove recklessly while intoxicated after having left a
Delray Beach bar. After the accident, petitioner allegedly fled to a friend’s
home, “posted” about the accident on social media, and hid the vehicle he
had been driving before seeking its repair.
2. 2
The decedent’s estate sued petitioner, his mother as owner of the
vehicle, and the bar where petitioner was allegedly drinking before the
accident. The operative complaint sought punitive damages and alleged
that at all material times petitioner had a prolonged history of alcohol
abuse that was well known to him, his friends, his mother, the bar, and
the public at large. The decedent’s estate served a host of production
requests which were met by petitioner’s Fifth Amendment based
objections. Following a hearing on the estate’s motion to compel, the trial
court ordered petitioner to respond to specific requests.
This petition addresses four of those requests which focus on two
distinct topics: finances and social media. Interrogatory number fourteen
and production request number eleven require petitioner to identify bank
accounts and to provide credit card statements. Interrogatory fifteen and
production request number ten require petitioner to identify any and all
social media names and handles and to produce digital copies of all of his
social media accounts. The order also provides that petitioner shall be
required to provide “signed written authorizations for release of Facebook,
Instagram and Snapchat information.” Petitioner argues that the order
violates his Fifth Amendment privilege against self-incrimination because
the records sought are communicative in nature and could furnish a link
in the chain of evidence needed to prove him guilty in the related criminal
case.
The Fifth Amendment to the United States Constitution provides in
pertinent part that no person ‘“shall be compelled in any criminal case to
be a witness against himself.’” Pisciotti v. Stephens, 940 So. 2d 1217, 1220
(Fla. 4th DCA 2006) (quoting U.S. Const. Amend. V); see also Art. I, § 9,
Fla. Const. “This protection exists primarily to ‘assure that an individual
is not compelled to produce evidence which later may be used against him
as an accused in a criminal action.’” Pisciotti, 940 So. 2d at 1220 (quoting
Boyle v. Buck, 858 So. 2d 391, 392 (Fla. 4th DCA 2003). As this Court
noted in Pisciotti, the Fifth Amendment privilege protects both individuals
as well as their records. 940 So. 2d at 1221. However, it ‘“does not shield
every kind of incriminating evidence. Rather, it protects only testimonial
or communicative evidence, not real or physical evidence which is not
testimonial or communicative in nature.”’ Id. at 1220 (quoting Boyle, 858
So. 2d at 393). Accordingly, when a movant lodges a Fifth Amendment
privilege objection to the disclosure of certain records, the trial court “must
exercise its discretion and determine whether it is reasonably possible that
answers to either interrogatories or deposition questions could evoke a
response forming a link in the chain of evidence which might lead to
criminal prosecution.” Appel v. Bard, 154 So. 3d 1227, 1228–29 (Fla. 4th
DCA 2015) (internal quotation marks and citation omitted).
3. 3
In the present case, petitioner has not provided this Court with the
transcript from the hearing on the motion to compel and petitioner does
not contend that he proffered information to the trial court in order to
demonstrate the testimonial or communicative nature of the social media
and financial records. In the absence of such a transcript, we cannot
conclude that the trial court abused its discretion in ordering petitioner to
respond to the discovery requests. See Applegate v. Barnett Bank of
Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979).
With that being said, even if we were to assume that the records at
issue are testimonial or communicative in nature, petitioner still has not
demonstrated how those records could furnish a link in the chain of
evidence needed to prove him guilty in the related criminal case. While
the financial discovery may reveal that petitioner spent money at places
that serve alcohol, that alone does not link him to the crimes charged or
demonstrate the extent of his drinking on the night of the accident or at
any other pertinent time. Regarding the social media records, petitioner
has not demonstrated a “link” or shown that he is being asked to furnish
or reveal anything that he did not already publically post.1 See Rendel v.
Rendel, 340 So. 2d 1236, 1237–38 (Fla. 4th DCA 1976) (permitting
production of necessary written authorizations in order for appellant to
obtain copies of account information associated with foreign accounts
about which the appellee had already testified to on numerous occasions).
The petition for certiorari is accordingly denied.
WARNER, MAY, and DAMOORGIAN, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
1 We recognize that there are many potential issues surrounding the testimonial
nature of social media and the production of passwords. See State v. Stahl, 206
So. 3d 124, 131–35 (Fla. 2d DCA 2016); see also Caren Myers Morrison,
Passwords, Profiles, and the Privilege Against Self-Incrimination: Facebook and the
Fifth Amendment, 65 Ark. L. Rev. 133, 133 (2012). This case, however, does not
involve the production of social media passwords.