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 Solicitation of a Minor Via Computer, Traveling to Meet a Minor, Lewd or Lascivious Molestation, Murder, Burglary, Grand Theft Auto, mental competency, double jeopardy, Federal habeas corpus petition, 28 U.S.C. § 2254, certificate of appealability, justifiable neglect, exhaustion, 18 U.S.C. § 2422, federal kidnapping, 18 U.S.C. § 1201, 18 U.S.C. § 373, 18 U.S.C. § 875 , 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 Antwand Howard v. State of Florida, Docket # 1D17-1520
Conviction after trial of Solicitation of a Minor Via Computer, Traveling to Meet a Minor, Lewd or Lascivious Molestation. Because the dual convictions for solicitation of a minor and traveling to meet a minor violate double jeopardy, because the traveling statute includes the language making solicitation a crime. The solicitation charge was dismissed.
CLICK TO READ Haley Bowden v. State of Florida, Docket # 1D18-2676
Conviction for Murder, Burglary, Grand Theft Auto upon plea of guilty reversed, the trial court erred in accepting her plea without holding a competency hearing to determine that her competency had been restored.
SECOND DISTRICT COURT OF APPEAL
No reversals reported.
THIRD DISTRICT COURT OF APPEAL
CLICK TO READ D.F. v. State of Florida, Docket # 3D19-0003
Appeal of juvenile delinquency violation of probation, record did not support finding that D.F. failed to abide by his curfew, failed to participate in individual counseling, failed to continue attending the Empowered Youth program and failed to complete 100 community service hours. State concedes error
FOURTH DISTRICT COURT OF APPEAL
No reversals reported.
FIFTH DISTRICT COURT OF APPEAL
No reversals reported.
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
CLICK TO READ George C. Sneathen v. Secretary, Department of Corrections, Docket # 18-12254
Appeal of denial of Federal habeas corpus petition pursuant to 28 U.S.C. § 2254. Sneathen petitioned for relief from his convictions for the sexual battery of and for the lewd and lascivious molestation of M.G., Fla. Stat. §§ 794.011(2), 800.04(5)(b), after the Florida courts rejected his pro se postconviction motion challenging the effectiveness of his trial counsel, Fla. R. Crim. P. 3.850. The Eleventh Circuit a certificate of appealability to address two issues: whether the district court erred by rejecting as procedurally defaulted Sneathen’s claim that trial counsel was ineffective for failing to object when the trial court sent a video recording of M.G.’s interview to the jury room; and whether the district court erred by treating the per curiam affirmance of Sneathen’s convictions on direct appeal as an adjudication of his evidentiary issue that defeated his claim that trial counsel was ineffective for failing to object to hearsay evidence as unduly prejudicial. But because Sneathen has cause to excuse his failure to exhaust his claim concerning trial counsel’s failure to object to M.G.’s interview and that claim is substantial,
CLICK TO READ United States v. Dane Gillis, Docket # 16-16482
After a jury trial, Defendant Dane Gillis appeals his convictions for: (1) attempting to knowingly induce or entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b) (Count 1); (2) solicitation of another to commit the crime of federal kidnapping under 18 U.S.C. § 1201(a), in violation of 18 U.S.C. § 373 (Count 2); and (3) knowingly transmitting a communication containing a threat to kidnap, in violation of 18 U.S.C. § 875(c) (Count 3). Count # 2, solicitation to commit kidnapping, reversed as legally insufficient.
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SPECIFIC SEARCH TERMS (TAGS)
Solicitation of a Minor Via Computer, Traveling to Meet a Minor, Lewd or Lascivious Molestation, Murder, Burglary, Grand Theft Auto, mental competency, double jeopardy, Federal habeas corpus petition, 28 U.S.C. § 2254, certificate of appealability, justifiable neglect, exhaustion, 18 U.S.C. § 2422, federal kidnapping, 18 U.S.C. § 1201, 18 U.S.C. § 373, 18 U.S.C. § 875