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 we’ll cover include Insanity, Involuntary Intoxication Negating Specific Intent, Involuntary Intoxication Resulting in Insanity, Entrapment, trafficking in oxycodone, possession of a controlled substance, Alprazolam, possession of drug paraphernalia, constructive possession, insufficient evidence, motion for post-conviction relief, sexual battery on a person less than twelve years of age after a jury trial, driving under the influence, possession of marijuana, motion to withdraw guilty plea, downward departure, downward departure sentence, robbery, termination of parental rights, collateral consequence, Child Abuse, 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
CLICK TO READ In Re Standard Jury Instructions in Criminal Cases, Docket # SC18-2029
The Florida Supreme Court amends standard criminal jury instructions 3.6(a) (Insanity), 3.6(e)(1) (Involuntary Intoxication Negating Specific Intent), 3.6(e)(2) (Involuntary Intoxication Resulting in Insanity), and 3.6(j) (Entrapment). In addition, the Committee proposes the following new instructions: 3.14 (Scoresheet Findings); 7.7(b) (Unnecessary Killing to Prevent an Unlawful Act); and 7.7(c) (Assisted Self-Murder).
FIRST DISTRICT COURT OF APPEAL
No reversals this week.
SECOND DISTRICT COURT OF APPEAL
CLICK TO READ Demetrius Nugent v. State of Florida, Docket # 2D17-3169
Conviction after trial of trafficking in oxycodone, possession of a controlled substance (Alprazolam), and possession of drug paraphernalia reversed, State failed to prove constructive possession of any of the contraband, evidence insufficient.
THIRD DISTRICT COURT OF APPEAL
No reversals reported
FOURTH DISTRICT COURT OF APPEAL
CLICK TO READ Herman Holmes v. State of Florida, Docket # 4D18-2249
Appeal of order denying rule 3.850 motion, order reversed and Appellant given opportunity to amend motion for post-conviction relief.
CLICK TO READ Neemias Ramirez Ramos v. State of Florida, Docket # 4D18-1035
Appeal of conviction of sexual battery on a person less than twelve years of age after a jury trial, trial court erred in instructing the jury on the elements of sexual battery by using the word “butt” rather than anus.
CLICK TO READ Russell M. Cuciak v. State of Florida, Docket # 4D18-437
Appeal of denial of his pro se motion to withdraw plea after sentencing for felony driving under the influence, possession of marijuana, and possession of paraphernalia. Order reversed because the trial court failed to appoint conflict-free counsel at a critical stage of the proceedings.
CLICK TO READ State of Florida v. Sherry Crossley-Robinson, Docket # 4D18-1393
State appeal of downward departure sentence imposed on Sherry Crossley-Robinson after she entered an open plea of no contest to one count of attempted robbery and four counts of robbery (no weapon). Sentence reversed and remanded, record fails to support offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
FIFTH DISTRICT COURT OF APPEAL
CLICK TO READ Crystal Purcell v. State of Florida, Docket # 5D17-2901
Order denying pre-sentence motion to withdraw guilty plea reversed, plea vacated. Appellant established good cause to withdraw the guilty plea based on ignorance of termination of parental rights as a collateral consequence of a guilty plea to Child Abuse.
CLICK TO READ Gary Mixon v. State of Florida, Docket # 5D19-719
Summary denial of 3.850 motion without evidentiary hearing reversed, no court records were attached to the order denying motion for post-conviction relief.
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SPECIFIC SEARCH TERMS (TAGS)
Insanity, Involuntary Intoxication Negating Specific Intent, Involuntary Intoxication Resulting in Insanity, Entrapment, trafficking in oxycodone, possession of a controlled substance, Alprazolam, possession of drug paraphernalia, constructive possession, insufficient evidence, motion for post-conviction relief, sexual battery on a person less than twelve years of age after a jury trial, driving under the influence, possession of marijuana, motion to withdraw guilty plea, downward departure, downward departure sentence, robbery, termination of parental rights, collateral consequence, Child Abuse
