Lawyer Wants Original Lionel Tate Indictment Dismissed
Ellis Rubin Says Florida Law Unconstitutional
POSTED: Tuesday, February 14, 2006
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FORT LAUDERDALE, Fla. -- The lawyer for Lionel Tate, the teen convicted of murdering a young girl when he was 12, wants the original indictment against Tate dropped.Miami attorney Ellis Rubin says the original indictment charging Tate with murdering 6-year-old Tiffany Eunick in 1999 should be dismissed. Rubin says Florida law allowing children to be tried as adults is unconstitutional.Tate was the youngest person in modern U.S. history to receive a life sentence. The conviction and sentence were overturned on appeal. Tate then pleaded guilty to second-degree murder and received probation.Tate now faces a return to prison for violating that probation. He is accused of robbing a pizza deliveryman at gunpoint last May.If successful, Rubin's motion would wipe out the entire murder case against Tate, including the probation.But Tate would still face criminal charges in the alleged deliveryman robbery.A hearing on the motion is scheduled for Feb. 24.A hearing on whether Tate's probation should be revoked is set for Feb. 27.
Copyright 2006 by Local10.com.
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New Charges Against Lionel Tate  5/18/06: Tate Sentenced4/20/06: Tate Abused, Knows Right From Wrong4/17/06: Rubin Wants To Withdraw From Case3/29/06: Tate's Lawyer Denied Request 3/27/06: FHP Reprimands Tate's Mother3/23/06: Ellis: Tate's Incompetent 3/22/06: Letter To Judge Catches Lawyer By Surprise 3/1/06: Lionel Tate Enters Plea 2/14/06: Lawyer Wants Original Indictment Dismissed 12/19/05: Tate Ruled Competent 12/8/05: Tate Gets New Lawyer 12/5/05: Suicide Threat Postpones Probation Hearing 12/1/05: Judge Denies Requests 10/7/05: Detectives Find Missing Gun 10/4/05: Tate In Trouble Again 7/11/05: Attorney: Evidence Doesn't Back Charges 6/23/05: Judge Refuses Bail 6/2/05: Judge Denies Bond 5/25/05: Tate's Mother's Guns Missing |
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