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Battery Summary

Domestic Violence
Charge: Violation of Injunction Against Domestic Violence (VOP)
Dispostion: Dismissed by Judge upon Defendant's Motion
Date: 04/10/07
Case: State v. TM SLC 06-MM-924

Note: TM was sentenced on April 28, 2006, for the offense of violating an injunction against domestic violence. He was sentenced to one year of probation, but also required to serve 180 days in jail consecutive to other sentences. He was released from jail on August 21, 2006, and reported to Martin County Probation the following day.

TM was compliant with his probation until a VOP Warrant issued on March 23, 2007, alleging "victim" contact in violation of a probation condition. TM retained Jeffrey H. Garland before being arrested on March 26, 2007.

The day following TM's arrest, Attorney Garland filed a Motion to Dismiss the Violation of Probation Warrant due to a lack of jurisdiction. Garland contended that the combination of jail and probation could not exceed the maximum one year penalty. Counting 185 days forward from the August 21, 2006 release date, Garland contended jurisdiction lapsed on or about February 23, 2007.

Judge Stewart Hershey granted dismissal on April 10, 2007.

Domestic Battery
Charge: Domestic Battery
Dispostion: No Information
Date: 03/02/07
Case: State v. MSF SLC 06-MM-5182

Domestic Battery
Charge: Domestic battery
Dispostion: No Information
Date: 10/11/06
Case: State v. K.A.E. SLC 06-MM-3587

Felony Battery
Charge: Felony battery
Dispostion: No Information
Date: 05/01/06
Case: State v. C.B. SLC 06-CF-1270

Battery
Charge: Battery
Dispostion: Nolle Prosequi
Date: 04/20/06
Case: State v. K.A.M. SLC 06-MM-360

Domestic Battery Case
Charge:Domestic battery
Dispostion:Jury found guilty
Date:01/18/06
Case State v. F.D.G. IRC 120053390A

Note: Even though "victim" did not want to prosecute, there were two independent witnesses as to the alleged conduct which took place in the parking lot of a Target store.

Domestic Battery Case
Charge: Domestic Battery
Dispostion: Nolle Prosequi
Date: 09/22/05
Case: State v. W.D. SLC 05-MM-2653

Domestic Battery Case
Charge: Domestic Battery
Dispostion: No Information
Date: 08/29/05
Case: State v. K.J.D.

Battery Case
Charge: Battery
Dispostion: Nolle Prosequi
Date: 08/03/05
Case: Expunged

Domestic Battery Case
Charge: Domestic Battery
Dispostion: Domestic violence intervention program
Date: 06/06/05
SLC 04-MM-5507

Note: Following minor automobile accident, defendant exchanged required insurance information. The other driver attempted to keep defendant from leaving scene by force. Defendant was under no obligation to stay and lawfully resisted the improper use of force.

Aggravated Battery
Charge: Aggravated battery
Dispostion: No Information
Date: 04/13/00
Case: State v. A.E.C. SLC 00-CF-842

Appeal from Domestic Violence Injunction
Charge: Appeal from contemptconviction arising from domestic violence injunction
Dispostion: Reversed due to insufficient evidence
Date: 03/15/00
Case: J.F. v. State 753 So.2d 682 (Fla. 4th DCA 2000)

Note: Attorney Garland handled case at trial level and on appeal to the 4th DCA. The appeal court agreed that the evidence was insufficient. The client was subsequently discharged and the contempt charge dismissed. The County was ordered to reimburse defendant's costs.

Domestic Battery Case
Charge: Domestic Battery
Dispostion: Nolle Prosequi
Date: 02/07/00
Case: State v. J.C. SLC 99-MM-3600

Domestic Battery case
Charge: Domestic battery
Dispostion: Nolle Prosequi
Date: 02/07/00
Case: State v. J.C. SLC 99-MM-3674

Domestic Battery Case 9
Charge: Domestic Battery
Dispostion: Nolle Prosequi
Date: 02/06/00
Case: State v. W.C. SLC 00-MM-230

Battery; Assault
Charge: Battery; assault
Dispostion: Nolle Prosequi
Date: 01/21/00
Case: State v. D.C.C. SLC 99-MM-3730

Note: Defendant was jailed without bond. Attorney Garland met with defendant and learned of "victim's" background. Upon confirming, alleged female victim had criminal record for murder, burglary, robbery, drugs, theft, etc. Defense announced ready for trial.

Domestic Battery Case
Charge: Domestic Battery
Dispostion: Nolle Prosequi
Date: 09/27/99
Case: State v. D.J.T. SLC 99-MM-2040

Domestic Battery Case
Charge: Domestic Battery
Dispostion: Nolle Prosequi
Date: 08/27/99
Case: State v. J.K. SLC 99-MM-2318

Battery Case
Charge: Battery
Dispostion: No Information
Date: 07/12/99
Case: State v. G.M. SLC 99-MM-2226

Note: Employee alleged battery against employer who had an outstanding reputation. Employee had a "checkered" past. Case was dropped when defendant announced ready for trial.

Capital Sexual Battery
Charge: Capital Sexual Battery
Dispostion: Nolle Prosequi
Date: 05/26/99
Case: State v. W.C. OC 99-CF-16

Note: Case dropped when outstanding investigation conclusively refuted 16 - 20-year-old allegations of estranged step-brother.

Battery Case
Charge: Battery
Dispostion: Nolle Prosequi
Date: 05/06/99
Case: State v. J.L.P. IRC 1991059A

Domestic Battery Case
Charge: Domestic battery
Dispostion: Nolle Prosequi
Date: 02/22/99
Case: State v. T.W. SLC 99-MM-5244

Domestic Battery Case
Charge: Domestic Battery
Dispostion: Nolle Prosequi
Date: 01/25/99
Case: State v. D.S.S. SLC 98-MM-3738

Note: Case was dropped after jury selection. Defendant tried to stop drunk girlfriend from driving with her child. Stat4 claimed it would try case without "victim's" testimony, but defense had her written statement corroborating the situation.

Aggravated Battery Case
Charge: Aggravated Battery
Dispostion: No Information
Date: 01/21/99
Case: State v. C.F. SLC 98-CF-4626

Battery On Law Enforcement Officer Case Two
Charge: 1. Battery on law enforcement officer; 2. Resisting arrest with violence
Dispostion: Jury found not guilty Date: 01/12/99 Case: State v. J.A. MC 98-CF-1184

Note: Photographs of defendant's injuries were taken day after his arrest. They documented he was repeatedly shocked with an electronic device by a Stuart police officer. The photographs contradicted the officer's testimony.

1. Kidnapping 2. Burglary with battery 3. Sexual battery
Charge: 1. Kidnapping 2. Burglary with battery 3. Sexual battery
Dispostion: Jury found guilty
Date: 04/23/98
Case: State v. J.S. SLC 97-CF-377

Note: Attorney Jeffrey Garland handled the trial and appeal. The Fourth DCA reversed the conviction. State v. J.S., 743 So.2d 141 (Fla. 4th DCA 1999).

1. Kidnapping 2. Burglary with Battery 3. Sexual Battery
Charge: 1. Kidnapping 2. Burglary with battery 3. Sexual Battery
Dispostion: Hung jury
Date: 03/11/98
Case: State v. J.S. SLC 97-CF-377

Battery on a Law Enforcement Officer
Charge: Battery on a Law Enforcement Officer
Dispostion: Jury found not guilty
Date: 12/04/97
Case: State v. T.P. SLC 97-CF-1457

Battery Case
Charge: Battery
Dispostion: Nolle Prosequi after jury selection
Date: 08/02/96
Case: State v. T.L. SLC 96-MM-1324

Battery Case
Charge: Battery
Dispostion: Jury found not guilty
Date: 04/23/96
Case: State v. A.B. MC 95-MM-4971