St. Johns FL Lawyers | Elsa Lopez Whitehurst -- eLawyers

1D09-4572 Murphy v. State (2009)

District Court of Appeal of Florida Filed: Dec. 31, 2009 Citations: 24 So. 3d 1273

24 So. 3d 1273 (2009) James L. MURPHY, Appellant, v. STATE of Florida, Appellee. No. 1D09-4572. District Court of Appeal of Florida, First District. December 31, 2009. James L. Murphy, pro se, Appellant. Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee. Prior report: 903 So. 2d 194 . PER CURIAM. The appellant challenges the denial of his motion brought pursuant to Florida Rule of Criminal Procedure 3.850. It is apparent that the appe..

98-005631 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, vs FATHALLAH J. KAHOK, D/B/A JOES MARKET (1998)

Division of Administrative Hearings, Florida Filed: Dec. 23, 1998

At issue in this proceeding is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.Proof was insufficient to establish by clear and convincing evidence that the licensee sold an alcoholic beverage to a minor.

98-002858 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs BETTY J. SCHMIDT, D/B/A SMILEYS TAP (1998)

Division of Administrative Hearings, Florida Filed: Jun. 25, 1998

The issue for determination is whether Respondent's alcoholic beverage license should be disciplined for violation of Chapter 561, Florida Statutes. Resolution of this issue requires a determination of whether Respondent correctly reported and remitted alcoholic beverage surcharges.Respondent failed to correctly report alcoholic beverage surcharges. As a result, Respondent is liable for penalties, unremitted taxes, and interest.

98-002008 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs GREEN AND WHITE, INC., D/B/A GREEN AND WHITE TEXACO (1998)

Division of Administrative Hearings, Florida Filed: Apr. 30, 1998

Should Respondent's alcoholic beverage license be revoked, suspended, or otherwise disciplined?Department of Alcoholic Beverages and Tobacco presented sufficient clear and convincing evidence to show violation and require revocation for seven days and a fine of $1,000.00.

90-004586 DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs TANGELA DORSETT (1990)

Division of Administrative Hearings, Florida Filed: Jul. 26, 1990

The issue in this matter is whether the certificate held by Ms. Dorsett should be revoked, suspended, or otherwise disciplined for shoplifting, which the Department contends shows absence of the good moral character required to maintain a certificate.2 year probation imposed on county jail guard whose aunt was checker at Eckerd store and permitted her to remove items of sml value without ringing them up.

90-004270 LEATHARINE LEON vs DEPARTMENT OF LAW ENFORCEMENT (1990)

Division of Administrative Hearings, Florida Filed: Jul. 09, 1990

The issue for determination is whether Respondent is guilty of discrimination in employment on the basis of race.Because her replacement was black and her pay was not reduced, petitioner did not prove her reassignment was based on her race - African American.

90-001126 DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs ANGELA D. COLEY (1990)

Division of Administrative Hearings, Florida Filed: Feb. 22, 1990

The issue in this case is whether the Respondent unlawfully and knowingly possessed a controlled substance and, if so, what disciplinary action should be taken.Correction officer's possession of marijuana on prison grounds is failure to maintain good moral character; certificate should be revoked.

89-006484 DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs BRIAN A. PIERCE (1989)

Division of Administrative Hearings, Florida Filed: Nov. 28, 1989

The issue in this cause is whether Respondent's certification as a law enforcement officer should be revoked, or otherwise disciplined, for failure to maintain qualifications.Unknowing and unintentional use of marijuana by law enforcement officer does not constitute failure to maintain good moral character.

89-006408 DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs CHARLES A. MONICO (1989)

Division of Administrative Hearings, Florida Filed: Nov. 27, 1989

Whether the actions of the Respondent on September 1, 1988 violated the provisions of Sections 943.1395(5),(6), Florida Statutes and Rule 11B-27.0011(4) (b), Florida Administrative Code by perpetration of an act which would constitute failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes.Investigator failed to maintain good moral character by engaging in sex act in state vehicle; isolated incident, good record mitigates punishment.

89-004539 DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs RICHARD C. LOCKMAN, JR. (1989)

Division of Administrative Hearings, Florida Filed: Aug. 22, 1989

An administrative complaint dated June 9, 1989, by the Criminal Justice Standards and Training Commission alleges that Respondent unlawfully intercepted a wire or oral communication in violation of Section 943.1395(5) and (6), Florida Statutes and Rule 11B-27.0011(4)(a), Florida Administrative Code, and that thereby he failed to maintain the qualifications established in Section 943.13(7), Florida Statutes, requiring that a law enforcement officer in the State of Florida have good moral character. Respondent disputes the allegation; he admits that he intercepted an oral communication but claims that such was lawful under a law enforcement exemption in Section 934.03, Florida Statutes. If it is determined that Respondent's interception was unlawful, an appropriate discipline of his certification must be recommended.Law enforcement officer secretly taped meeting with his superior overzealous investigation but not lack of good moral character.

Elsa Lopez Whitehurst