FLORIDA SUPREME COURT

No cases reported.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ Omar Livingston v. State of Florida, Docket # 1D18-0895

Reversal of summary denial of Rule 3.850 motion, question of great public importance certified:  DOES A CRIMINAL DEFENDANT HAVE TO ALLEGE A BASIS FOR KNOWING AN UNCALLED WITNESS WOULD TESTIFY FAVORABLY IN ORDER TO PRESENT A LEGALLY SUFFICIENT CLAIM IN A RULE 3.850 MOTION

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ In Re Contempt Adjudication of Jessie L. Weiner, Docket # 2D19-1413

Petition for writ of habeas corpus granted from finding of direct criminal contempt; Petitioner was not a party to the case and never served with an order directing her not to post anything about the case on Facebook or social media, and the order to show cause directing her to appear in court the following day was insufficient time to prepare a defense, plus the trial judge should have disqualified herself because the contempt conduct involved disrespect and criticism of the judge.

THIRD DISTRICT COURT OF APPEAL

No reversals reported.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ Justin Lee Price v. State of Florida, Docket # 4D18-1293

Appeal after trial of conviction and sentence for felony possession of cannabis, sentenced reversed because trial court improperly considered a subsequent arrest without conviction during sentencing for the primary offense

CLICK TO READ State of Florida v. James Francis Kigar, Docket # 4D19-0600

Defendant charged with over one hundred counts of patient brokering in violation of Florida Statutes § 817.505(1)(a), State filed a motion in limine to preclude the Defendant from raising an “advice of counsel defense” which was denied.  State sought certiorari, and Fourth DCA granted certiorari.  The “advice of counsel” is not a defense to the general intent crime of patient brokering.

THIS IS A CASE OF FIRST IMPRESSION

CLICK TO READ Tony Garcia v. State of Florida, Docket # 4D17-3751

Appeal of conviction and sentence for first degree arson of a dwelling.  Sentence reversed, Trial court improperly considered subsequent, uncharged misconduct of allegedly threatening a witness when sentencing defendant for the primary offense.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Victoria Elizabeth Rios v. State of Florida, Docket # 5D18-1737

Direct appeal conviction. Issue of delayed Miranda warnings. Appellant was arrested as part of a murder case and taken to police station for questioning. Interviewed three separate times over an eleven-hour period. She was a 17-year-old runaway. Analysis of whether there was a custodial interrogation. Appellant was told she could leave when her father got there. Father arrived earlier and was told it would take time to come back later and he was prevented from seeing her. Confessed during second interview. Third interview was the first one post-Miranda. Reversed and remanded for new trial.

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

CLICK TO READ Ira Jerome Millender, Jr. v. United States, Docket # 18-11029

Appeal of denial of 28 U.S.C. § 2255 motion to set aside sentence, Defendant entitled to resentencing because he was not subject to an enhanced sentence pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e), because two of his three remaining predicate convictions—for Florida aggravated battery—were not “committed on occasions different from one another.”

CLICK TO READ Juniel B. Rios v. United States, Docket # 18-12251

Juniel B. Rios appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his sentence. This Court granted the following certificate of appealability: Whether the district court erred in concluding that Rios’s counsel was not ineffective for failing to file a notice of appeal, or for failing to consult with Rios about filing an appeal? After careful review, we agree that counsel was not ineffective for failing to file a notice of appeal, but we conclude, contrary to the district court, that counsel breached a duty to consult with Rios regarding an appeal.