FLORIDA SUPREME COURT

No cases reported.

FIRST DISTRICT COURT OF APPEAL

No reversals reported.

SECOND DISTRICT COURT OF APPEAL

CLICK TO READ J.S. v. State of Florida, Docket # 2D18-1221

Juvenile delinquency adjudication of Grand Theft of a Firearm reversed, new trial ordered.  The trial court failed to hold a sufficient Richardson hearing when a potential discovery violation by the State was brought to its attention.

CLICK TO READ Loucrucha Jeansimon v. State of Florida, Docket # 2D17-4020

Conviction for trafficking in hydromorphone, possession of alprazolam, possession of oxycodone, possession of clonazepam, possession of cocaine, and resisting an officer without violence reversed, new trial and suppression hearing ordered.  Even though not an authorized driver of a rental car, Defendant had standing to challenge the search of the car based upon Byrd v. United States, 138 S. Ct. 1518 (2018).

Additionally, the prosecutor improperly commented on Jeansimon’s failure to call witnesses to back up his story that the drugs in the car belonged to his sister’s boyfriend.  This was prosecutorial misconduct and burden-shifting.

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ State of Florida v. Gregory Lamart Martin, Docket # 3D18-945

State appeal from order granting motion to exclude portions of videotaped, post-Miranda statement made to police.  The Third DCA held the trial court abused its discretion because the portions of the video were not overly prejudicial as the statements were admissible to show Defendant lied as consciousness of guilt.

FOURTH DISTRICT COURT OF APPEAL

No Reversals Reported.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Frank Romero v. State of Florida, Docket # 5D18-3004

Order denying Rule 3.850 motion for postconviction relief based on ineffective assistance of counsel reversed, motion granted.  Counsel was ineffective based upon (1) his failure to object to a comment by the State in its closing argument that the jury should consider the negative reaction during Appellant’s testimony of a witness sitting in the courtroom audience, and (2) his agreement to instruct the jury that it could consider such reactions.

CLICK TO READ Michael Chester v. State of Florida, Docket # 5D18-3930

Summary denial of Rule 3.850 motion reversed, case remanded for evidentiary hearing or for the trial court to attach portions of the record to the order denying the motion.

CLICK TO READ Michael Elijah Wynn v. State of Florida, Docket # 5D19-2018

Order denying motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) reversed, aggravated battery with a firearm with special jury finding that Wynn discharged a firearm resulting in great bodily harm to the victim is still a second-degree felony punishable by a 25 year mandatory minimum.

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

CLICK TO READ Rolando Gus Paez v. Secretary, Florida Department of Corrections, Docket # 16-15705

When a § 2254 petition states a legally sufficient claim for relief, a district court must order the State to respond, even if the petition appears untimely.  The District Court may not dismiss a Federal habeas corpus petition on its own as untimely.