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 3.850 motion, criminal habeas petition, 3.800 motion, ineffective assistance of counsel, suppression, probation, Fourth Amendment, violation of probation, notice of appeal, summary denial of Rule 3.850 motion, evidentiary hearing, sexual assault, Grand Theft Auto, Fraudulent Use of Personal Information, Fraudulent Use of a Credit Card, Robbery with a Deadly Weapon, Felony Murder, Habitual Offender, life without parole, Batson challenge, Battery on a Law Enforcement Office, Resisting an Officer with Violence, Simple Battery, self-defense, Second Degree Murder, murder in the second degree, Unlawful Use of a False Name, Resisting Without Violence, juvenile delinquency, 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.

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FLORIDA SUPREME COURT

No decisions reported since January 7, 2019

FIRST DISTRICT COURT OF APPEAL

No reversals reported

SECOND DISTRICT COURT OF APPEAL

No reversals reported

THIRD DISTRICT COURT OF APPEAL

CLICK TO READ Hifrich v. State of Florida, 3D16-1941

Direct appeal from conviction for Grand Theft Auto, Fraudulent Use of Personal Information, Fraudulent Use of a Credit Card, Robbery with a Deadly Weapon, Felony Murder as a Habitual Offender, and sentence to life without parole.  Batson challenge denied, reversed as to sentence based upon failure to issue a written order specifying the conditions of probation that were violated.

CLICK TO READ Ruiz v. State of Florida, 3D18-0193

Reversal of conviction after trial for Battery on a Law Enforcement Office, Resisting an Officer with Violence, and Simple Battery.  Trial court abused its discretion in curtailing defense counsel’s questions of the jury panel about the sole theory of defense – use of excessive force.  New trial ordered.

FOURTH DISTRICT COURT OF APPEAL

CLICK TO READ Ayos v. State of Florida, 4D17-3840 and 4D17-3857

Appeal from conviction upon plea of no contest to sexual assault.  Reversal of sentence as to costs of investigation.

CLICK TO READ K.O. v. State of Florida, 4D18-2546

Appeal of juvenile delinquency for Unlawful Use of a False Name and Resisting Without Violence.  Reversal of adjudication for Unlawful Use of a False Name for sufficiency of evidence, but affirmed as to Resisting Without Violence.

CLICK TO READ Salomon v. State of Florida, 4D18-679

A jury rejected Ashlyn Salomon’s claim of self-defense and convicted him of second degree murder with a firearm. Because of a fundamental error in the charge to the jury on his legal defense and improper credibility bolstering of witnesses by a state “expert,” reversed and remanded for a new trial.

FIFTH DISTRICT COURT OF APPEAL

CLICK TO READ Carroll v. State of Florida, 5D18-98

Appeal from denial of motion to withdraw plea to violation of probation.  A pro se notice of appeal filed by a defendant represented by counsel divests the trial court of jurisdiction.

CLICK TO READ Keene v. State of Florida, 5D18-3353

Appeal of summary denial of Rule 3.850 motion for post-conviction relief.  Reversed and remanded for evidentiary hearing.

**PRO SE WINNER**

CLICK TO READ Negron v. State of Florida, 5D18-1401

Appeal of an order awarding $1044.48 in investigative costs.  Remanded for evidentiary hearing to determine the costs.

CLICK TO READ State of Florida v. Phillips, 5D17-4041

State’s appeal from an order suppressing evidence of probationary search of Defendant’s cell phone.  Reversed and remanded with instructions to deny suppression.

SIXTH DISTRICT COURT OF APPEAL

No reversals reported.

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SPECIFIC SEARCH TERMS (TAGS)

3.850 motion, criminal habeas petition, 3.800 motion, ineffective assistance of counsel, suppression, probation, Fourth Amendment, violation of probation, notice of appeal, summary denial of Rule 3.850 motion, evidentiary hearing, sexual assault, Grand Theft Auto, Fraudulent Use of Personal Information, Fraudulent Use of a Credit Card, Robbery with a Deadly Weapon, Felony Murder, Habitual Offender, life without parole, Batson challenge, Battery on a Law Enforcement Office, Resisting an Officer with Violence, Simple Battery, self-defense, Second Degree Murder, murder in the second degree, Unlawful Use of a False Name, Resisting Without Violence, juvenile delinquency