Memorandum of Law

Memorandum of Law (900 words):  

Draft a memorandum of law in opposition to motion to dismiss –  based on the following facts using the authorities provided:

Facts: 

On May 1, 2017, the defendant in this case, Anthony F. Fitzroy, was charged with sexual battery on and false imprisonment of a fourteen-year-old American citizen allegedly while on board a cruise ship, the M/V Lucky.  Mr. Fitzroy is a citizen and resident of Ohio and is 28 years old. The victim is a citizen and resident of Georgia.  Both Fitzroy and the victim were passengers on the M/V Lucky.  Fitzroy was booked into cabin 95B on the ship’s Lido Deck.  The M/V Lucky is registered in the Marshall Islands and is owned by the White Star Oceanic Line, Ltd. of the British West Indies.  The M/V Lucky departed from and returned to Ponce Inlet, which is located in Volusia County, Florida.  The M/V Lucky is reported to be painted in the traditional colors of the White Star Oceanic Line, red and black.  The M/V Lucky is an “Olympic” class ship and boasts full dining amenities and an onboard gambling casino.  At the time of the alleged crimes, the M/V Lucky was approximately 300 nautical miles from the Atlantic coastline of Florida.  On the evening of the alleged crimes, the ship’s entertainment department presented a musical production of Meet Me in St. Louis.  This production was followed by a Midnight Buffet on the Pool Deck featuring wonderful ice sculptures, seafood and a chocolate fountain.  Mr. Fitzroy commented that he was allergic to seafood.

The State Attorney for the Seventh Judicial Circuit in Volusia County filed an information charging Fitzroy with sexual battery and false imprisonment.  The information filed by the State Attorney relied on section 910.006(3)(d), Florida Statutes, as the basis of the Circuit Court’s jurisdiction over Fitzroy for the crimes allegedly committed on the high seas while aboard the M/V Lucky.

Fitzroy has filed a motion to dismiss the criminal information asserting that the State of Florida lacks jurisdiction to prosecute him because the crimes are alleged to have occurred outside the territorial jurisdiction of Florida and because the prosecution is precluded by the Supremacy Clause of the United States Constitution.

Authorities: 

Your research should be limited to the following authorities.  You should not rely on nor cite to any outside authorities.  Do not cite to cases or authorities cited in the provided cases.  You should just rely on the authorities provided on the list.  However, do not assume that all the authorities are still good law or applicable to the facts.  You will need to read and Shepardize each authority upon which you rely.  It is your job to determine which authorities you need to complete the assignment and fully discuss the issue.

§ 794.011(4)(b), Fla. Stat. (2013)

§ 787.02(2), Fla. Stat. (2013)

§ 910.006(3)(d), Fla. Stat. (2013)

§ 376.25(2)(f), Fla. Stat. (2013)

§ 603.161(2), Fla. Stat. (2013)

State v. Stalder, 630 So. 2d 1072 (Fla. 1994)

Stepansky v. State, 707 So. 2d 877 (Fla. 5th DCA 1998)

Menefee v. State, 980 So. 2d 569 (Fla. 5th DCA 2008)

Black v. State, 819 So. 2d 208 (Fla. 1st DCA 2002)

State v. Stepansky, 761 So. 2d 1027 (Fla. 2000)

Canakaris v. Canakaris, 382 So. 2d 1197, 6 Fla. 2296 (1980)