Polk Law Blog

Commentary from Polk County, Florida attorney Kemp Brinson

Month: June, 2010

Sheriff’s New Jail Phone Policy May Violate U.S. Constitution (Or Maybe It Doesn’t)

A late-breaking article from The Ledger Monday reported on a spat between the Polk County Sheriff’s Office and our local public defender. According to the article, the Sheriff claims that, pursuant to a state Supreme Court decision, the Polk County Jail has the right to record phone calls between inmates and their lawyers. The public [...]

Dying Declaration Provides Textbook Application of Rule of Evidence

The story is tragic, and those of us from around here probably remember it well. The Ledger is running a story about a recent ruling from a judge in Polk County in the murder trial of Leon Davis.  Apparently, one of his victims, while death was imminent, made a recorded statement identifying Davis as her [...]