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 jurisdiction, motion for reduction of sentence, Rule 3.800(c), Aggravated Battery on a Law Enforcement Officer, Trafficking in Methamphetamine, Burglary of a Structure, Resisting a Law Enforcement Officer Without Violence, sentencing error, withhold adjudication of guilt, downward departure, False Reporting of a Bomb Threat, Florida Statutes § 790.163, 28 U.S.C. § 2254, statute of limitations, untimely, Certificate of Appealability, 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
No reversals this week.
SECOND DISTRICT COURT OF APPEAL
CLICK TO READ Indasia Underwood v. State of Florida, Docket # 2D17-4525
Trial court lacked jurisdiction to deny a motion for reduction of sentence pursuant to Rule 3.800(c) after Defendant filed a notice of appeal
THIRD DISTRICT COURT OF APPEAL
No reversals this week.
FOURTH DISTRICT COURT OF APPEAL
CLICK TO READ State of Florida v. Casey Hansen, Docket # 4D18-261
State appeal of withhold adjudication of guilt as a downward departure, False Reporting of a Bomb Threat, Florida Statutes § 790.163. The statute specifically prohibits authorizing a withhold adjudication of guilt for this charge.
FIFTH DISTRICT COURT OF APPEAL
CLICK TO READ Kristian Beauchamp v. State of Florida, Docket # 5D18-3381
PRO SE WINNER – petition for writ of habeas corpus, conviction of Aggravated Battery on a Law Enforcement Officer, Trafficking in Methamphetamine, Burglary of a Structure, Resisting a Law Enforcement Officer Without Violence, counsel ineffective at sentencing for failing to object to court’s characterization of defendant’s lack of truthfulness or lack of remorse, sentence vacated and remanded for resentencing before a different judge
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
CLICK TO READ Octavio Arnulfo Hernandez v. Secretrary, Florida Department of Corrections, Docket # No. 18-12613
Dismissal of Federal habeas corpus petition under 28 U.S.C. § 2254 as untimely, time limits for § 2254 petition are not jurisdictional, petition failed to address the issue of whether the district court erred by taking judicial notice of electronic state court dockets to determine the timeliness of his § 2254 petition
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SPECIFIC SEARCH TERMS (TAGS)
jurisdiction, motion for reduction of sentence, Rule 3.800(c), Aggravated Battery on a Law Enforcement Officer, Trafficking in Methamphetamine, Burglary of a Structure, Resisting a Law Enforcement Officer Without Violence, sentencing error, withhold adjudication of guilt, downward departure, False Reporting of a Bomb Threat, Florida Statutes § 790.163, 28 U.S.C. § 2254, statute of limitations, untimely, Certificate of Appealability
