Jack Palmeri, Esq.
Jack Palmeri, a former New York City prosecutor with 19 years of experience in criminal law, is a Senior Associate for Weinstein Legal’s criminal division, practicing across Florida and its Federal Courts. You can reach him directly at 888-408-0253 or at www.Weinstein-Legal.com.
In this Florida Criminal Caselaw Roundup we’ll be discussing the latest developments in Florida criminal law, criminal appeals, and post-conviction relief.
Cases that we’ll cover include Rule 3.850 motion, First Degree Murder, life imprisonment, Rule 3.800(a) motion, illegal sentence, sex offender registration, armed kidnapping of a minor, violation of probation, hearsay, Grand Theft, mental competency, and more.
The Florida Criminal Caselaw Roundup is a blog and video podcast by criminal defense, criminal appeal and post-conviction attorney Jack Palmeri, summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of Florida. Our sponsoring attorney will digest the latest reversed convictions throughout the Florida Supreme Court and the Florida District Courts of Appeal,
This is a FREE service designed to give you the cutting edge of developments in Florida criminal law, appeals, and post-conviction relief.
Visit us at www.Weinstein-Legal.com
FLORIDA SUPREME COURT
No reversals reported.
FIRST DISTRICT COURT OF APPEAL
CLICK TO READ Rondle L. Snodgrass III v. State of Florida, Docket # 1D18-4581
Appeal of summary denial of Rule 3.850 motion, the motion was timely and case remanded for evidentiary hearing. Conviction for First Degree Murder and sentence of life imprisonment. Evidentiary hearing on the issue of timeliness was warranted.
CLICK TO READ William F. Barnes v. State of Florida, Docket # 1D18-0041
Rule 3.800(a) motion to correct illegal sentence was granted, then trial court rescinded the order. First DCA held trial court lacked jurisdiction to rescind the order granting resentencing once it became a final, appealable order, and neither party timely moved for rehearing of the order
SECOND DISTRICT COURT OF APPEAL
No reversals reported.
THIRD DISTRICT COURT OF APPEAL
CLICK TO READ State of Florida v. Damian Brena, Docket # 3D19-976
Writ of certiorari granted, quashing order granting the Defendant’s motion to direct the Florida Department of Law Enforcement to remove the statutory requirement that Mr. Brena register as a sexual offender. Defendant was convicted of armed kidnapping of a minor in 1994 and released from supervision in 2006, is statutorily required to register as a sexual offender with FDLE. However, before his release in 2006, Mr. Brena was deleted as an offender from the database in error and was not notified of his registration requirements. Court lacked jurisdiction to remove the requirement.
CLICK TO READ State of Florida v. Oresaide Hernandez, Docket # 3D19-977
Co-defendant or Brena – same situation as above.
FOURTH DISTRICT COURT OF APPEAL
No reversals reported
FIFTH DISTRICT COURT OF APPEAL
CLICK TO READ Lucas Craig Cote v. State of Florida, Docket # 5D18-1562, 5D18-1570, 5D18-1583, 5D18-1584
Violation of probation based solely on hearsay, State concedes error, reversed and remanded
CLICK TO READ Dillon James Gresham v. State of Florida, Docket # 5D18-124
Conviction for First Degree Murder, Grand theft. The trial court erred by not holding a hearing or entering an order to determine his competency after his public defender filed a suggestion of mental incompetency to stand trial. The State concedes error. Remanded for the trial court to conduct a retroactive competency evaluation based upon the existence of evaluations performed contemporaneous to trial.
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SPECIFIC SEARCH TERMS (TAGS)
Rule 3.850 motion, First Degree Murder, life imprisonment, Rule 3.800(a) motion, illegal sentence, sex offender registration, armed kidnapping of a minor, violation of probation, hearsay, Grand Theft, mental competency
