Polk Law Blog

Commentary from Polk County, Florida attorney Kemp Brinson

Month: December, 2009

A closer look at the James Bain DNA exoneration

With recent news about a DNA test suggesting that James Bain, a Polk County man, is innocent of the rape he has served 35 years in prison for, I thought it would be helpful to look more deeply at what happened in Mr. Bain’s case. From skimming the headlines, one would get the impression that [...]

Oral argument conducted for local Miranda case

The transcript of the oral argument in Florida v. Powell, a Miranda case closely related to Polk County’s Rigterink case, has been posted on the Supreme Court website.  Initial coverage of the proceeds is available from the L.A. Times and numerous others via the associated press. I read the transcript, and I think local assistant [...]

Polk County-related Miranda case to be argued at US Supreme Court Monday

Florida v. Powell (a case very similar to the Rigterink case that I blogged about previously) is being argued before the U.S. Supreme Court on Monday (at around 11am, I think.) The defendant was arrested in Tampa, but the case involves the Polk County public defender1. The defendant was given the following Miranda warning: You [...]

New CSX bill released – my take: liability is red herring

The text of the newly proposed bill to enable the state to move forward on the purchase of rail from CSX for Sunrail has finally been posted! (EDIT: Here is the house page for its version, with analysis.) During the last go around, I had a nagging desire to dig up the CSX agreement and [...]