FLORIDA SUPREME COURT

CLICK TO READ In re Standard Jury Instructions in Criminal Cases, Docket # SC18-2030

Changes to standard jury instructions 3.3(d) (Possession of a [Firearm] [Destructive Device] [and Discharge] [Causing [Great Bodily Harm] [Death]]), 8.5(a) (Domestic Battery by Strangulation), 16.5 (Neglect of a Child), 21.14 (False Information to Law Enforcement Investigating a Missing Person 16 Years of Age or Younger Who Suffers [Great Bodily Harm] [Permanent Disability] [Permanent Disfigurement] [Death]), and 29.24 (Human Trafficking).  First, instructions 3.3(d), 8.5(a), 16.5, 21.14, and 29.24 each include the definition for “great bodily harm” as provided in Wheeler v. State, 203 So. 3d 1007, 1009 (Fla. 4th DCA 2016), to be given if applicable.  Next, instruction 3.3(d) is updated to cite to section 790.001(6), Florida Statutes (2018), and to include the definition of “firearm.”  Lastly, the definition of “bona fide” as “genuine” is added to instruction 29.24, consistent with the sex-offense-related instructions.

FIRST DISTRICT COURT OF APPEAL

CLICK TO READ John F. Casey III v. State of Florida, Docket # 1D17-3214

Denial of Rule 3.800(a) motion reversed, a prior Rule 3.850 did not preclude him from filing a motion to correct a sentence.

CLICK TO READ Keith Demond Rogers v. State of Florida, Docket # 1D17-3522

Consecutive sentence for firearms offenses without discharge impermissible, case remanded for resentence for concurrent sentences

SECOND DISTRICT COURT OF APPEAL

No reversals reported.

THIRD DISTRICT COURT OF APPEAL

No reversals reported.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ Alton D. Johnson v. State of Florida, Docket # 4D18-1084

Convictions for second degree murder, shooting into an occupied vehicle, felon in possession of a firearm reversed and new trial ordered, suppression of confession ordered where police officer misled defendant into confessing that he was at the scene of the murder, and shot the victims in self-defense by misrepresenting the law and telling Defendant that his “only out” was to claim self-defense.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ State of Florida v. Willie E. Griffin, Jr. # 5D18-1781

State appeal of order granting motion to dismiss in case where Defendant accused of fathering a child with his biological daughter, daughter told law enforcement she had sex with her father without his knowledge (sexsomnia), jurors could reasonably believe Defendant committed the crime.  Order reversed.

CLICK TO READ State of Florida v. Dion Renoldo Wilson # 5D18-2117

State appeal of order granting suppression, defendant charged with trafficking in a controlled substance and possession of cannabis with intent to sell, stop was proper where Defendant crossed over a traffic line, causing another vehicle to brake

CLICK TO READ Jose Ramon Lopez v. State of Florida # 5D18-2679

Summary denial of Rule 3.850 motion based on ineffective assistance of counsel reversed, evidentiary hearing ordered

CLICK TO READ Arthur Slinger v. State of Florida # 5D17-3829

Sentence after trial for sexual battery, lewd or lascivious molestation reversed, Defendant entitled to a Pre-Sentence Investigation report based on first felony conviction

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

CLICK TO READ United States v. Tangenica Corbett, Docket # 18-13203

Sentence revered in identity fraud conspiracy, plain error in 2-level enhancement for offense involving ten or more victims; no evidence that victims identity was “used” to create false credit accounts