The "Cite" of the Crime: Recent Episodes

Jeremy Lasnetski

The "Cite of the Crime" Podcast is a biweekly Florida and Federal criminal case law update show for criminal defense attorneys, prosecutors, judges and anybody who is interested in criminal law case law in the Florida District Courts, the Florida Supreme Court, the Eleventh Circuit Court of Appeals and the U.S. Supreme Court. Each week, criminal defense attorney, Jeremy Lasnetski of Shorstein, Lasnetski, & Gihon reviews the previous weeks Florida DCA and Florida Supreme Court cases and in a separate weekly federal episode, reviews the previous weeks Eleventh Circuit and U.S. Supreme Court criminal cases. Join us at The "Cite" of the Crime during your commute, jog, or any other time to keep up to date on the latest criminal court opinions.

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OVERVIEW

  • 10 cases
  • 1 published decisions
  • 9 unpublished decisions

Case #1 - United States v. Jackson, No. 19-11955 (11th Cir. Pub. Dec.)(February 3, 2023) Case # 2 - United States v. Aurelian, No. 21-12995 (11th Cir. Unpub. Dec.)(February 2, 2023) Case #3 - United States v. Crook, No. 22-10942 (11th Cir. Unpub. Dec.)(February 2, 2023) Case #4 - United States v. German, No. 22-11811 (11th Cir. Unpub. Dec.)(February 2, 2023) Case #5 - United States v. Gosney, Jr., No. 22-12049 (11th Cir. Unpub. Dec.)(February 1, 2023) Case #6 - United States v. Grow, No. 21-12268 (11th Cir. Unpub. Dec.)(February 2, 2023) Case #7 - United States v. Howard, No. 21-11101 (11th Cir. Unpub. Dec.)(January 30, 2023) Case #8 - United States v. Moore, No. 21-14210 (11th Cir. Unpub. Dec.)(February 1, 2023) Case #9 - United States v. Perez, No. 21-14469 (11th Cir. Unpub. Dec.)(February 2, 2023) Case #10 - United States v. Wells, No. 22-13103 (11th Cir. Unpub. Dec.)(February 1, 2023)

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OVERVIEW - 5 cases

  • 0 - Florida Supreme Court Cases
  • 2 - First DCA Cases
  • 1 - Second DCA Cases
  • 0 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 0 - Fifth DCA Cases
  • 2 - Sixth DCA Cases

Case #1 - Martina v. State, No. 1D20-3776 (Fla. 1st DCA)(February 1, 2023) Case #2 - Mathis Sims v. State, No. 1D21-0869 (Fla. 1st DCA)(February 1, 2023) Case #3 - Weston v. State, No. 2D22-1216 (Fla. 2nd DCA)(February 3, 2023) Case #4 - State v. Mancuso, No. 4D22-808 (Fla. 4th DCA)(February 1, 2023) Case #5 - Brand v. State, No. 6D23-1217 (Fla. 6th DCA)(February 3, 2023) Case #6 - Jefferson v. State, No. 6D23-1208 (Fla. 6th DCA)(February 3, 2023) PD Appeal Conflict CaseFarmer v. State, No. 1D22-3273 (Fla. 1st DCA)(February 1, 2023)

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OVERVIEW

  • 5 cases
  • 1 published decisions
  • 4 unpublished decisions

Case #01 - United States v. King, No. 21-12963 (11th Cir. Pub. Dec.)(January 23, 2023) Case #02 - United States v. Anderson, No. 22-12924 (11th Cir. Unpub. Dec.)(January 24, 2023) Case #03 - United States v. Gray, No. 21-14186 (11th Cir. Unpub. Dec.)(January 27, 2023) Case #04 - United States v. Jasper, No. 21-11326 (11th Cir. Unpub. Dec.)(January 23, 2023) Case #05 - United States v. Valdez, No. 21-12489 (11th Cir. Unpub. Dec.)(January 23, 2023) Procedural and Substantive Reasonableness of the SentenceUnited States v. Rena, No. 22-11871 (11th Cir. Unpub. Dec.)(January 31, 2023)United States v. Walker, No. 20-13984 (11th Cir. Unpub. Dec.)(January 23, 2023) Compassionate ReleaseUnited States v. Pierre, No. 22-10747 (11th Cir. Unpub. Dec.)(January 23, 2023)United States v. Lorfils, No. 21-12177 (11th Cir. Unpub. Dec.)(January 23, 2023)United States v. Ortiz, No. 22-10293 (11th Cir. Unpub. Dec.)(January 23, 2023) Anders BriefUnited States v. Harris, No. 22-11517 (11th Cir. Unpub. Dec.)(January 23, 2023) MiscellaneousShevgert v. United States, No. 21-12135 (11th Cir. Unpub. Dec.)(January 24, 2023)United States v. Jones, Jr., No. 22-13702 (11th Cir. Unpub. Dec.)(January 31, 2023)United States v. Lewis, No. 22-12016 (11th Cir. Unpub. Dec.)(January 24, 2023)United States v. Pugh, No. 19-13732 (11th Cir. Unpub. Dec.)(January 31, 2023)United States v. Williams, No. 22-11208 (11th Cir. Unpub. Dec.)(January 26, 2023)

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OVERVIEW - 6 cases

  • 0 - Florida Supreme Court Cases
  • 1 - First DCA Cases
  • 2 - Second DCA Cases
  • 2 - Third DCA Cases
  • 2 - Fourth DCA Cases
  • 0 - Fifth DCA Cases
  • 0 - Sixth DCA Cases

WRITTEN SUMMARIES HERE

Case #1 - Susick v. State, No. 1D21-2070 (Fla. 1st DCA)(January 25, 2023) Case #2 - Corona v. State, No. 2D21-1162 (Fla. 2nd DCA)(January 27, 2023) Case #3 - N.D., III v. State, No. 2D21-2660 (Fla. 2nd DCA)(January 27, 2023) Case #4 - Bernabeu v. State, No. 3D22-91 (Fla. 3rd DCA)(January 25, 2023) Case #5 - Holmes v. State, No. 3D22-1363 (Fla. 3rd DCA)(January 25, 2023) Case #6 - Randolph v. State, No. 4D21-3052 (Fla. 4th DCA)(January 25, 2023)

Carballo v. State, No. 3D21-1583 (Fla. 3rd DCA)(January 25, 2023)

  • On motion for rehearing denied.
  • Covered in Episode #31, Case #19

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OVERVIEW

  • 11 cases
  • 3 published decisions
  • 8 unpublished decisions

Written Summaries HERE

Case #01 - United States v. Dupree, No. 19-13776 (11th Cir. Pub. Dec.)(January 18, 2023) Case #02 - United States v. Oudomsine, No. 22-10924 (11th Cir. Pub. Dec.)(January 18, 2023) Case #03 - United States v. Scott, No. 21-11467 (11th Cir. Pub. Dec.)(January 20, 2023) Case #04 - United States v. Beiter, No. 22-12282 (11th Cir. Unpub. Dec.)(January 18, 2023) Case #05 - United States v. Bivins, No. 22-10820 (11th Cir. Unpub. Dec.)(January 20, 2023) Case #06 - United States v. Farrelly, No. 21-11413 (11th Cir. Unpub. Dec.)(January 17, 2023) Case #07 - United States v. Garza, No. 21-13294 (11th Cir. Unpub. Dec.)(January 17, 2023) Case #08 - United States v. Lane, No. 19-13197 (11th Cir. Unpub. Dec.)(January 20, 2023) Case #09 - United States v. Quijada-Moreno, No. 21-13788 (11th Cir. Unpub. Dec.)(January 18, 2023) Case #10 - Watson v. United States, No. 20-14698 (11th Cir. Unpub. Dec.)(January 17, 2023) Case #11 -United States v. Yliniemi, No. 20-12287 (11th Cir. Unpub. Dec.)(January 18, 2023) Compassionate ReleaseUnited States v. Belidor, No. 22-11906 (11th Cir. Unpub. Dec.)(January 18, 2023)United States v. Bradford, No. 21-13721 (11th Cir. Unpub. Dec.)(January 20, 2023)United States v. Castro, No. 22-12329 (11th Cir. Unpub. Dec.)(January 20, 2023)United States v. Granados, No. 22-11762 (11th Cir. Unpub. Dec.)(January 17, 2023)

Procedural and Substantive ReasonablenessUnited States v. Griffin, No. 21-12727 (11th Cir. Unpub. Dec.)(January 18, 2023)United States v. Robinson, No. 21-10429 (11th Cir. Unpub. Dec.)(January 17, 2023)

MiscellaneousUnited States v. Goins, No. 22-13090 (11th Cir. Unpub. Dec.)(January 18, 2023)United States v. Williams, No. 22-11490 (11th Cir. Unpub. Dec.)(January 17, 2023)

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OVERVIEW

  • 0 - Florida Supreme Court Cases
  • 0 - First DCA Cases
  • 3 - Second DCA Cases
  • 0 - Third DCA Cases
  • 2 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

WRITTEN SUMMARIES HERE

We have 8 cases to talk about this week, including a discussion about alligator eggs, edited facial tattoos, lesser included offenses, zoom hearings, lack of remorse at sentencing and more.

Case #01 - Beasley v. State, No. 2D19-4257 (Fla. 2nd DCA)(January 20, 2023) Case #02 - Jimenez, Jr. v. State, No. 2D22-1792 (Fla. 2nd DCA)(January 20, 2023) Case #03 - Walker v. State, No. 2D21-2675 (Fla. 2nd DCA)(January 20, 2023) Case #04 - Arnold v. State, No. 3D21-1012 (Fla. 3rd DCA)(January 18, 2023) Case #05 - Otero-Rosario v. State, No. 3D22-0868 (Fla. 3rd DCA)(January 18, 2023) Case #06 - Korets v. State, No. 4D22-828 (Fla. 4th DCA)(January 18, 2023) Case #07 - Sibrun v. State, No. 4D19-1629 (Fla. 4th DCA)(January 18, 2023) Case #08 - Bowen v. State, No. 5D22-1546 (Fla. 5th DCA)(January 20, 2023)

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OVERVIEW

  • 7 cases
  • 3 published decisions
  • 4 unpublished decisions

WRITTEN CASE LAW SUMMARIES HERE Case # 1 - United States v. Moran, No. 21-12573 (11th Cir. Pub. Dec.)(January 13, 2023) Case #2 - United States v. Pate, No. 20-10545 (11th Cir. Pub. Dec.)(January 11, 2023) Case #3 - Kallen-Zury v. United States, No. 20-12385 (11th Cir. Unpub. Dec.)(January 12, 2023) Case #4 - United States v. Cash, No. 21-10906 (11th Cir. Unpub. Dec.)(January 12, 2023)Case #5 - United States v. Harrison, No. 21-14514 (11th Cir. Pub. Dec.)(January 10, 2022) Case # 6 - United States v. Madden, No. 21-13697 (11th Cir. Unpub. Dec.)(January 13, 2023) Case #7 - United States v. Miller, No. 20-10194 (11th Cir. Unpub. Dec.)(January 11, 2023)

Procedural and Substantive Reasonableness of the Sentence Cases

United States v. Burns, No. 22-10195 (11th Cir. Unpub. Dec.)(January 9, 2023)

United States v. Rivera, No. 21-12768 (11th Cir. Unpub. Dec.)(January 9, 2023)

Anders Brief Cases

United States v. Adams, No. 22-11498 (11th Cir. Unpub. Dec.)(January 11, 2023)

United States v. Hill, No. 21-12296 (11th Cir. Unpub. Dec.)(January 9, 2023)

Compassionate Release Cases

United States v. Callaway, No. 22-11161 (11th Cir. Unpub. Dec.)(January 11, 2023)

Miscellaneous

United States v. Delaosa, No. 21-13795 (11th Cir. Unpub. Dec.)(January 12, 2023)

United States v. Townsend, No. 22-12786 (11th Cir. Unpub. Dec.)(January 12, 2023)

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OVERVIEW

  • 0 - Florida Supreme Court Cases
  • 1 - First DCA Cases
  • 3 - Second DCA Cases
  • 0 - Third DCA Cases
  • 0 - Fourth DCA Cases
  • 0 - Fifth DCA Cases
  • 0 - Sixth DCA Cases

WRITTEN CASE SUMMARIES HERE

Case #1 - Washington v. State, No. 1D22-2358 (Fla. 1st DCA)(January 11, 2023)

Case #2 - Evans v. State, No. 2D21-3450 (Fla. 2nd DCA)(January 13, 2023)

Case #3 - Gibson-Capo v. State, No. 2D21-2776 (Fla. 2nd DCA)(January 13, 2023)

Case #4 - Mercado v. State, No. 2D21-3444 (Fla. 2nd DCA)(January 13, 2023)

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Case # 1 - United States v. Eugene Jackson, No. 21-13963 (11th Cir. Pub. Dec.)(Dec. 13, 2022)- The Eleventh Circuit vacated its prior June opinion and reached the complete opposite decision, now holding that an ACCA predicate "serious controlled substance" offense must meet the definition of a federal controlled substance at the time the defendant obtains the prior controlled substance conviction, not at the time the defendant obtains the new federal firearms possession offense. § 2255 Cases

Dickerson v. United States, No. 21-14226 (11th Cir. Unpub. Dec.)(December 14, 2022)

Samson v. United States, No. 19-11048 (11th Cir. Unpub. Dec.)(December 14, 2022)

Anders Brief Cases

United States v. Brenson, No. 22-11680 (11th Cir. Unpub. Dec.)(Dec. 16, 2022)

United States v. Gifford, No. 22-11497 (11th Cir. Unpub. Dec.)(December 14, 2022)

United States v. Martinez Urbina, No. 22-11444 (11th Cir. Unpub. Dec.)(December 12, 2022)

United States v. Vargas, No. 22-11807 (11th Cir. Unpub. Dec.)(December 12, 2022)

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OVERVIEW - 6

  • 0 - Florida Supreme Court Cases
  • 3 - First DCA Cases
  • 2 - Second DCA Cases
  • 0 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 0 - Fifth DCA Cases

Written summaries of each case here 

Case #1 - Byram v. State, No. 1D22-828 (Fla. 1st DCA)(December 14, 2022) - 1:02

  • Byram is a timeliness of a 3.850 ineffective assistance of counsel case out of Baker County.

Case #2 - State v. Snow, No. 1D22-90 (Fla. 1st DCA)(December 12, 2022) - 2:17

  • Seems this was a timeliness of appeals week for the 1st DCA.

Case #3 - Hamilton v. State, No. 1D21-2532 (Fla. 1st DCA)(December 12, 2022) - 7:21

  • Hamilton is alleged improper prosecutor comments and burden shifting case out of Walton County.

Case #4 - Little v. Gualtieri, No. 2D22-2613 (Fla. 2nd DCA)(Dec. 16, 2022) - 10:32

  • Little is a petition for writ of habeas corpus case out of Pinellas County involving detention after revocation of a pretrial release order.

Case #5 - Phillips v. State, No. 2D22-758 (Fla. 2nd DCA)(December 15, 2022) - 13:06

  • Phillips is an increase of sentence during resentencing case out of Hardee County.

Case #6 - State v. Anderson, No. 4D22-171 (Fla. 4th DCA)(December 14, 2022) - 17:03

  • Anderson is a downward departure case out of Broward County.

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OVERVIEW

  • 1 case
  • 1 published decisions
  • 0 unpublished decisions
  • 8 miscellaneous cases not discussed on podcast

Case # 1 - United States v. Garçon, No. 19-14650 (11th Cir. Pub. Dec.)(December 6, 2022)- Garcon is an important Safety Valve case discussing what criminal history will disqualify a defendant from Safety Valve consideration. This case further divides the circuits who have split on whether the word "and" really means "and."

Compassionate Release

United States v. Ramirez, No. 21-14295 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. White, No. 22-10027 (11th Cir. Unpub. Dec.)(December 5, 2022)

Reasonableness of the Sentence Cases

United States v. Lopez-Garza, NO. 22-10501 (11th Cir. Unpub. Dec.)(December 7, 2022)

Misc.

United States v. Oduardo-Suarez, No. 22-10394 (11th Cir. Unpub. Dec.)(December 7, 2022)United States v. Beck, No. 21-14298 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. Brannon, No. 22-11029 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. Brown, No. 22-10624 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. Paige, No. 21-13920 (11th Cir. Unpub. Dec.)(December 6, 2022)

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OVERVIEW - 7

  • 0 - Florida Supreme Court Cases
  • 3 - First DCA Cases
  • 3 - Second DCA Cases
  • 0 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 0 - Fifth DCA Cases

Case #1 - Luster v. State, No. 1D21-2902 (Fla. 1st DCA)(December 7, 2022) - 1:15

  • Luster is a Burglary of a Dwelling case out of Leon County.

Case #2 - State v. McLaney, No. 1D22-261 (Fla. 1st DCA)(December 6, 2022) - 3:09

  • McLaney is a downward departure case out of Walton County.

Case #3 - Williams v. State, No. 1D22-1642 (Fla. 1st DCA)(December 8, 2022) - 6:48

  • Williams is a 3.850  “comment on a defendant’s right to remain silent” case out of Nassau County.

Case #4 - Cabrera v. State, No. 2D22-1378 (Fla. 2nd DCA)(December 7, 2022) - 9:12

  • Cabrera is a 3.800(a) motion to correct illegal sentence case out of Manatee County involving 10-20-Life.

Case #5 - Roberts v. State, No. 2D21-2139 (Fla. 2nd DCA)(December 7, 2022) - 11:16

  • Roberts is a waiver of a jury trial case out of Hillsborough County.

Case #6 - Rubright v. State, No. 2D22-2008 (Fla. 2nd DCA)(December 7, 2022) - 12:53

  • Rubright is a 3.850 case out of Pinellas County involving failure to instruct the client on PRR consequences resulting in rejection of a plea offer.

Case #7 - Wagner v. State, No. 4D21-3387 (Fla. 4th DCA)(December 7, 2022) 16:26

  • Wagner is a fellow officer rule, lawfulness of the DUI stop case out of Broward County.

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OVERVIEW

  • 5 cases
  • 1 published decisions
  • 4 unpublished decisions

Written Summaries HERE

Case #1 - United States v. Trump, No. 22-13005 (11th Cir. Pub. Dec.)(December 2, 2022) - 1:15

  • Trump is an appeal out of the Southern District of Florida stemming from the search warrant executed on Donald Trump's Mar-a-Lago home.

Case #2 - United States v. Mencia, No. 18-13967 (11th Cir. Unpub. Dec.)(November 30, 2022) - 11:35

  • Mencia is a remand from the U.S. Supreme Court in light of Ruan v. United States involving a doctor charged with distributing controlled substances.

Case #3 - United States v. Noda, No. 21-13899 (11th Cir. Unpub. Dec.)(November 29, 2022) - 21:31

  • Noda is a 6th amendment Confrontation Clause case involving Zoom testimony.

Case #4 - United States v. Vedrine, No. 20-13259 (11th Cir. Unpub.)(November 29, 2022) - 26:10

  • Vedrine is a search warrant suppression of evidence case involving delay.

Case #5 - United States v. Yauger, Jr., No. 21-13099 (11th Cir. Unpub. Dec.)(November 28, 2022) -32:12

  • Yauger is an upward variance challenge to the guidelines calculation case.

Miscellaneous

United States v. Guffie, No. 22-10874 (11th Cir. Unpub. Dec.)(November 29, 2022)

United States v. Gelin, No. 22-10354 (11th Cir. Unpub. Dec.) (November 30, 2022)

Compassionate Release

United States v. Fields, No. 19-13927 (11th Cir. Unpub. Dec.)(November 29, 2022)

United States v. Johnson, No. 21-12629 (11th Cir. Unpub. Dec.)(November 28, 2022)

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OVERVIEW - 21 Cases

  • 4 - 1st DCA Cases
  • 14 - 2nd DCA Cases
  • 1- 3rd DCA Cases
  • 1- 4th DCA Cases
  • 1 - 5th DCA Cases

Read the written summaries here

1st DCA
Case #1 - Duffy v. State - 1 :51
Case #2 - Johnson v. State -3:28
Case #3 - Miles v. State - 6:06
Case #4 - State v. Wagner - 9:12
2nd DCA
Case #5 - Bennett v. State - 12:50
Case #6 - Chapper v. State - 14:41
Case #7 - Douglas v. State - 17:27
Case #8 - Hicks v. State - 19:22
Case #9 - Hill v. State - 21:59
Case #10 - Jefferson v. State- 24:31
Case #11 - Neer v. State - 27:50
Case #12 - Meinecke v. State - 32:02
Case #13 - Murphy v. State - 38:52
Case #14 - State v. Hall - 43:47
Case #15 - State v. Jesus - 46:07
Case #16 - Stephens v. State- 47:56
Case #17 - Thomas v. State- 51:03
Case #18 - Thompson v. State- 54:41
3rd DCA
Case #19 - Carballo v. State- 55:50
4th DCA
Case #20 - Bennett v. State - 57:57
5th DCA
Case #21 - Stridiron v. State - 1:01:43

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OVERVIEW

  • 8 cases
    • 1 published decisions
    • 7 unpublished decisions
  • 8 miscellaneous (Substantive reasonableness, Compassionate Release, Etc.)

WRITTEN SUMMARIES HERE: https://www.jacksonvillecriminallawyerblog.com/2672-2/

Case # 1 - United States v. B.G.G. (11th Cir. Pub. Dec.)

  • B.G.G. is a Rule 48(a) dismissal of Information or Indictment with leave of court case.

Case #2 - United States v. Albriza (11th Cir. Unpub. Dec.)

  • Albriza is a motion to suppress case.

Case #3 - United States v. Andrew (11th Cir. Unpub. Dec.)

  • Andrew is a Drug Quantity table calculation case.

Case #4 - United States v. Magloire (11th Cir. Unpub. Dec.)

  • Magloire is a supervised release revocation case.

Case #5 - United States v. Mediko, et al., (11th Cir. Unpub. Dec.)

  • Mediko is a three defendant appeal from a fraud trial conviction.

Case #6 - United States v. Santiago Rivera (11th Cir. Unpub. Dec.)

  • Rivera is a 6th Amendment Confrontation Clause case.

Case #7 - United States v. Sims (11th Cir. Unpub. Dec.)

  • Sims is a 922(g) possession of a firearm by a convicted felon 404(b) case.

Case #8 - United States v. Thomas (11th Cir. Unpub. Dec.)

  • Thomas is a fraud loss calculation and aggravating role case.

Misc.Hammoud v. United States (11th Cir. Unpub. Dec.)Montsdeoca v. United States (11th Cir. Unpub. Dec.)United States v. Mendoza, (11th Cir. Unpub. Dec.)United States v. Owens (11th Cir. Unpub. Dec.)

Reasonableness of the SentenceUnited States v. Anchico-Jimenez (11th Cir. Unpub. Dec.)United States v. Frazier, (11th Cir. Unpub. Dec.)United States v. Johnson (11th Cir. Unpub. Dec.)

Compassionate ReleaseUnited States v. Burgess (11th Cir. Unpub. Dec.)

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OVERVIEW - 12

  • 0 - Florida Supreme Court Cases
  • 6 - First DCA Cases
  • 1 - Second DCA Cases
  • 2 - Third DCA Cases
  • 2 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

Case #1 - Edwards v. State (Fla. 1st DCA)(November 21, 2022) - 1:30

  • Edwards is a self defense immunity case out of Alachua County.

Case #2 - Spurling v. State (Fla. 1st DCA)(November 23, 2022) - 13:05

  • Spurling is a 3.800(a) motion to correct illegal sentence on an habitual felony offender (or HFO) case out of Duval County.

Case #3 - Stevens v. State (Fla. 1st DCA)(November 23, 2022) - 16:28

  • Stevens is a child sex case out of Santa Rose County where the child victim repudiated out of court statements.

Case #4 - Terry v. State (Fla. 1st DCA)(November 23, 2022) - 22:50

  • Terry is a preservation of a jury selection cause challenge case out of Duval county.

Case #5 - Thomas v. State (Fla. 1st DCA)(November 22, 2022) - 24:18

  • Thomas is a murder case with several issues out of Duval County.

Case #6 - Tyson v. State (Fla. 1st DCA)(November 23, 2022) - 33:12

  • Tyson is an exceeding the scope of a search warrant case out of Escambia County.

Case #7 - State v. Williams (Fla. 2nd DCA)(November 23, 2022) - 37:52

  • Williams is a withhold of adjudication on a fleeing case out of Sarasota County.

Case #8 - Mays & Smith v. State (Fla. 3rd DCA)(November 23, 2022) - 39:01

  • Mays & Smith is a consolidated appeal from two defendants on an attempted murder case involving a race neutral juror strike out of Miami-Dade County.

Case #9 - McClenney v. State (Fla. 3rd DCA)(November 23, 2022) - 42:37

  • McClenney is a summary denial of a 3.850 motion case out of Miami-Dade County.

Case #10 - Barker v. State (Fla. 4th DCA)(November 23, 2022) - 44:54

  • Barker is a restitution case out of St. Lucie County.

Case #11 - Goldbach v. State (Fla. 4th DCA)(November 23, 2022) - 46:45

  • Goldbach is a golden rule violation case out of Broward County.

Case #12 - State v. Janes (Fla. 5th DCA)(November 21, 2022) - 50:27

  • Janes is a resentencing

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OVERVIEW

  • 13 cases
  • 0 published decisions
  • 5 unpublished decisions
  • 5 compassionate release cases
  • 1 substantive reasonableness of the sentence case
  • 2 miscellaneous cases

Bonus Case - Somers v. State, No. SC21-1407 (Fla. Sup. Ct.)(November 17, 2022)

  • Florida Supreme Court answers that Florida's Assault statute requires a mens rea of more than recklessness making Florida's Aggravated Assault a violent crime for ACCA purposes.

Case # 1 - United States v. Annamalai, No. 20-10543 (11th Cir. Unpub. Dec.)(November 16, 2022)

  • Anamalai is a Hyde Amendment attorneys fee case.

Case #2 - United States v. Cannon, No. 22-11492 (11th Cir. Unpub. Dec.)(November 17, 2022)

  • Cannon is a §2G2.1(b)(2)(B) commission of sexual act by threats or force sentencing enhancement case.

Case #3 - United States v. Fernando Crawford, No. 22-11632 (11th Cir. Unpub. Dec.)(November 16 , 2022)

  • We have two Crawford cases today. Fernando Crawford is a sentence appeal waiver case.

Case #4 - United States v. Kent Crawford, No. 20-12309 (11th Cir. Unpub. Dec.)(November 17, 2022)

  • Our second Crawford case is Kent Crawford, a career offender case involving crimes of violence.

Case #5 - United States v. Posey, No. 21-11253 (11th Cir. Unpub. Dec.)(November 17, 2022)

  • Posey is a Possession of a Firearm by a Convicted Felon case involving several guideline enhancements.

Compassionate Release Cases

United States v. Borrego, No. 21-13923 (11th Cir. Unpub. Dec.)(November 17, 2022)

United States v. Caudle, No. 21-12643 (11th Cir. Unpub. Dec.)(November 15, 2022)

United States v. Garza, No. 22-10312 (11th Cir. Unpub. Dec.)(November 16, 2022)

United States v. Oviedo, No. 21-13046 (11th Cir. Unpub. Dec.)(November 17, 2022)

United States v. Rolon, No. 22-10970 (11th Cir. Unpub. Dec.)(November 16, 2022)

Substantive Reasonableness Cases

United States v. Anderson, No. 22-10761 (11th Cir. Unpub. Dec.)(November 15, 2022)

Miscellaneous

United States v. Vernon, No. 22-11555(11th Cir. Unpub. Dec.)(November 16, 2022)

United States v. Washington, No. 21-14039 (11th Cir. Unpub. Dec.)(November 17, 2022)

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OVERVIEW - 13

  • 2 - Florida Supreme Court Cases
  • 2 - First DCA Cases
  • 5 - Second DCA Cases
  • 1 - Third DCA Cases
  • 2 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

Case #1 - Somers v. State (Fla. Sup. Ct.)

  • Somers is an important case involving the mens rea requirement for assault.

Case #2 - Sievers v. State (Fla. Sup. Ct.)

  • Sievers is a death penalty case involving several issues.

Case #3 - State v. Hamilton (Fla. 1st DCA)

  • Hamilton is a boating under the influence case out of Wakulla County.

Case #4 - Reed v. State (Fla. 1st DCA)

  • Reed is a manslaughter case involving a recorded statement out of Escambia County.

Case 5 - B.P. v. State (Fla. 2nd DCA)

  • B.P. is a juvenile restitution case out of Hillsborough County.

Case #6 - Baeza v. State (Fla. 2nd DCA)

  • Baeza is a 3.850 post-conviction relief case out of Pasco County.

Case #7Bowers v. State (Fla. 2nd DCA)

  • Bowers is a §796.07(6) prostitution civil penalty case out of Polk County.

Case #8 -State v. Lopez Garcia (Fla. 2nd DCA)

  • Lopez Garcia is a subjective entrapment in a traveling to meet a minor case out of Sarasota County.

Case #9 - Norman v. State (Fla. 2nd DCA)

  • Norman is a summarily denied motion for clarification case out of Polk County.

Case #10 - Dilver v. State (Fla. 3rd DCA)

  • Dilver is a violation of injunction case out of Miami-Dade County.

Case #11 - Godwin v. State (Fla. 4th DCA)

  • Godwin is a summary denial of a 3.850 post-conviction relief motion case.

Case #12 - Johnson v. State (Fla. 4th DCA)

  • Johnson is a 3.850 case involving the entrapment defense out of Palm Beach County.

Case #13 - Lynn v. State (Fla. 5th DCA)

  • Lynn is a revocation of drug offender probation case out of Volusia County.

View Details

Written Summaries here.

OVERVIEW

  • 10 cases
  • 0 published decisions
  • 10 unpublished decisions

Case #1 - US v. Archible - 1:19

  • Archible is a retaliation against a federal judge case.

Case #2 - US v. Berry - 6:09

  • Berry is a suppression of evidence case.

Case #3 - US v. Clark - 8:34

  • Clark is an appeal waiver case.

Case #4 - US v. Hammock - 11:57

  • Hammock is a §2422(b) attempting to persuade a child to engage in unlawful sexual conduct and §2251 attempting to exploit a minor for the production of child pornography case.

Case #5 - US v. Hardy; Simmons - 14:39

  • Hardy & Simmons is a resentencing case on a Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence.

Case #6 - US v. Lynch - 22:02

  • Lynch is a loss amount determination case.

Case #7 - US v. Morrow - 23:11

  • Morrow is another loss amount calculation case.

Case #8 - US v. Sharpe - 25:46

  • Sharpe is a government breach of plea agreement case.

Case #9 - US v. Truley - 29:00

  • Truley is a removal of a defendant from the courtroom case.

Case #10 - US v. Wimbley 33:25

  • Wimbley is a violation of supervised release case involving §3583(h).

Cases not discussed:
US v. Adeniran US v. Coleman US v. Dixon US v. Garcia US v. Hamilton Jr. US v. Jean, Jr. US v. Odom US v. Okang US v. Reed US v. Tealdi US v. Valdez

View Details

**EPISODE #25 : Florida Criminal Law Update (November 7, 2022 - November 11, 2022)

Written summaries here: https://www.jacksonvillecriminallawyerblog.com/2660-2/**

OVERVIEW - 10 Cases

  • 0 - Florida Supreme Court Cases
  • 5 - First DCA Cases
  • 3 - Second DCA Cases
  • 1 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 0 - Fifth DCA Cases

Case #1 - Howard v. State, No. 1D21-3340 (Fla. 1st DCA)(November 9, 2022) - 1:22

  • Howard is a preservation of error case out of Leon County.

Case #2 - Knight v. State, No. 1D20-3016 (Fla. 1st DCA)(November 9, 2022) - 2:43

  • Knight is an improper comment in closing argument case out of Escambia County.

Case #3 - Martin v. State, No. 1D21-2113 (Fla. 1st DCA)(November 9, 2022) - 5:35

  • Martin is a denial of re-cross examination and admission of a statement in body cam footage case out of Bradford County.

Case #4 - McNeill v. State, No. 1D22-942 (Fla. 1st DCA)(November 9, 2022) - 8:40

  • McNeill is a PRR and HO case out of Duval County.

Case #5 - State v. Richmond, No. 1D21-1866 (Fla. 1st DCA)(November 9, 2022) - 10:01

  • Richmond is a quashing of subpoena for medical records in a DUI case.

Case #6 - Arroyave v. State, No. 2D21-3497 (Fla. 2nd DCA)(November 9, 2022) - 12:26

  • Arroyave is a 3.850 case out of Pinellas County.

Case #7 - Landrum v. State, No. 2D20-3480 (Fla. 2nd DCA)(November 9, 2022) - 14:40

  • Landrum is a Miller/Atwell resentencing case out of Hillsborough County.

Case #8 - Stroud v. State, No. 2D21-2234 (Fla. 2nd DCA)(November 9, 2022) - 17:51

  • Stroud is a suppression of evidence case out of Pinellas County.

Case #9 - Coley v. State, No. 3D21-2439 (Fla. 3rd DCA)(November 10, 2022) - 20:41

  • Coley is a Motion withdraw plea case out of Miami-Dade County.

Case #10 - State v. Demons, No. 4D22-1874 (Fla. 4th DCA)(November 9, 2022) - 21:57

  • Demons is a notice of intent to seek the death penalty case out of Broward County.

View Details

Federal 11th Circuit Criminal Case Law Update
(October 31, 2022 - November 4, 2022)

Written summaries here: https://www.jacksonvillecriminallawyerblog.com/federal-11th-circuit-criminal-case-law-update-october-31-2022-november-4-2022/

OVERVIEW

  • 8 cases
  • 0 published decisions
  • 8 unpublished decisions

Case #1 - United States v. Benitez Gonzalez, No. 21-13306 (11th Cir. Unpub. Dec.)(November 1, 2022) - 00:58

  • Benitez is an attempted Hobbs Act robbery case.

Case #2 - United States v. Blanc, No. 21-12259 (11th Cir. Unpub. Dec.)(November 2, 2022) - 7:38

  • Blanc is a motion for retroactive recommendation of concurrent sentence case.

Case #3 - United States v. Gorycki, No. 21-12823 (11th Cir. Unpub. Dec.)(November 4, 2022) - 10:12

  • Gorycki is an attempting to entice or induce a minor to engage in unlawful sexual activity case dealing with the proper definition of “induce”

Case #4 - United States v. Harvey, No. 22-10610 (11th Cir. Unpub. Dec.)(November 3, 2022) - 19:13

  • Harvey is a violation of supervised release case involving failure to register an email address or social media identifiers.

Case #5 - United States v. James, No. 21-13689 (11th Cir. Unpub. Dec.)(October 31, 2022) - 24:21

  • James is a possession of a firearm by a convicted felon case involving suppression of evidence and statements.

Case #6 - United States v. Mack, No. 22-10234 (11th Cir. Unpub. Dec.)(November 3, 2022) - 31:02

  • Mack is a procedural and substantive reasonableness of the sentence case.

Case #7 - United States v. Moise, No. 21-13424 (11th Cir. Unpub. Dec.)(November 1, 2022) - 33:37

  • Moise is an improper prosecutor comment in closing argument case.

Case #8 - United States v. Richiez, No. 21-13629 (11th Cir. Unpub. Dec.)(November 1, 2022) - 37:22

  • Richiez is a substantive reasonableness of the sentence case.

Compassionate Release Cases

United States v. Cannon, No. 21-13570 (11th Cir. Unpub. Dec.)(November 1, 2022)

View Details

EPISODE #23: Florida Criminal Law Update (October 31, 2022 - November 4, 2022)

OVERVIEW - 7 Cases

  • 1 - Florida Supreme Court Cases
  • 0 - First DCA Cases
  • 2 - Second DCA Cases
  • 0 - Third DCA Cases
  • 2 - Fourth DCA Cases
  • 2 - Fifth DCA Cases

Case #1 - Morgan v. State, No. SC20-641 (Fla. Sup. Ct. )(November 3, 2022) - 1:05

  • Morgan is an appealability of Rule 3.800 case.

Case #2 - Bright v. State, No. 2D21-2172 (Fla. 2nd DCA)(November 4, 2022) - 6:31

  • Bright is a probation revocation case out of Lee County.

Case #3 - Menchillo v. State, No. 2D21-3466 (Fla. 2nd DCA)(November 2, 2022) - 10:21

  • Menchillo is a motion to suppress statements case out of Charlotte County.

Case #4 - J.T.J., a Child, v. State, No. 4D21-2735 (Fla. 4th DCA)(November 2, 2022) - 18:18

  • J.T.J. is a juvenile probation revocation case out of Palm Beach County involving judicial notice of school records.

Case #5 - State v. Darter, No. 4D22-308 (Fla. 4th DCA)(November 2, 2022) - 25:16

  • Darter is a child pornography motion to suppress case out of Palm Beach County.

Case #6 - Scott v. State, No. 5D22-478 (Fla. 5th DCA)(November 4, 2022) - 32:17

  • Scott is a 3.850 ineffective assistance of counsel case out of Orange County.

Case #7 - State v. Sawyer, No. 5D21-2422 (Fla. 5th DCA)(November 4, 2022)- 36:40

  • Sawyer is a downward departure case out of Citrus County.

View Details

**Federal 11th Circuit Criminal Case Law Update (October 24, 2022 - October 28, 2022)

OVERVIEW**

  • 7 cases
  • 1 published decisions
  • 6 unpublished decisions

Case #1 - USA v. Malone, No. 20-12744 (11th Cir. Pub. Dec.)(October 26, 2022) - 1:00

  • Malone is a breach of plea agreement by the government case.

Case #2 - USA v. Berry, No. 21-13352 (11th Cir. Unpub. Dec.)(October 24, 2022) - 12:08

  • Berry is a case about venue, sufficiency of the evidence, hearsay and safety valve.

Case #3 - USA v. Carridice, No. 22-10070 (11th Cir. Unpub. Dec.)(October 24, 2022) - 20:07

  • Carridice is a procedural and substantive reasonableness case.

Case #4 - USA v. Lawson, No. 21-13272 (11th Cir. Unpub. Dec.)(October 27, 2022) - 22:32

  • Lawson is an interesting suppression of evidence and abandonment of property case in the standing context.

Case #5 - USA v. Plotka, No. 22-12131 (11th Cir. Unpub. Dec.)(October 24, 2022) - 28:48

  • Plotka is a motion to withdraw plea and appeal waiver case.

Case #6 - USA v. Robinson, No. 21-12595 (11th Cir. Unpub. Dec.)(October 28, 2022) - 31:04

  • Robinson is a reasonableness of the sentence case when the defendant makes untruthful statements to investigators in violation of a plea agreement.

Case #7 - USA v. Shelton, No. 21-14362 (11th Cir. Unpub. Dec.)(October 28, 2022) - 35:29

  • Shelton is a search warrant exclusionary rule good faith exception case.

Compassionate Release Cases:

USA v. Santos Mero, No. 22-10730 (11th Cir. Unpub. Dec.)(October 28, 2022)

View Details

EPISODE #21: Florida Criminal Case Law Update (October 24, 2022 - October 28, 2022)

OVERVIEW - 13 Cases

  • 1 - Florida Supreme Court Case
  • 2 - First DCA Cases
  • 4 - Second DCA Cases
  • 3 - Third DCA Cases
  • 2 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

Case #1 - State v. Garcia, No. SC20-1419 (Fla. Sup. Ct.) (October 27, 2022)

  • Garcia is a Fifth Amendment compelling a defendant to disclose a cellphone password case where the Florida Supreme Court addressed whether the 5th DCA properly granted certiorari.

Case #2 - Burney v. State, No. 1D21-1082 (Fla. 1st DCA)(October 26, 2022)

  • Burney is a first degree murder case out of Duval County involving the admission of evidence of pending charges against a witness.

Case #3 - Eastburn v. State, No. 1D22-1205 (Fla. 1st DCA)(October 26, 2022)

  • Eastburn is a petition for a writ of certiorari case involving a competency issue.

Case #4 - Dydek v. State, No. 2D21-1275 (Fla 2nd DCA)(October 26, 2022)

  • Dydek is a motion to suppress case out of Pasco County.

Case #5 - Jackson v. State, No. 2D21-3827 (Fla. 2nd DCA)(October 28, 2022)

  • Jackson is a postconviction relief case out of Pinellas County.

Case #6 - Roman v. State, No. 2D22-766 (Fla. 2nd DCA)(October 28,. 2022)

  • Roman is a post conviction relief case out of Polk County.

Case #7 - State v. Erway, No. 2D21-1265 (Fla. 2nd DCA)(October 28, 2022)

  • Erway is a No Valid Driver’s License case out of Highlands County involving the definition of a motor vehicle.

Case #8 - Michel v. State, No. 3D22-1373 (Fla. 3rd DCA)(October 26, 2022)

  • Michel is a post conviction case out of Miami Dade County involving the failure of trial counsel file a motion to suppress a photo lineup.

Case #9 - Mintz v. State, No. 3D21-1925 (Fla. 3rd DCA)(October 26, 2022)

  • Mintz is a burden shifting in closing argument case out of Miami Dade County.

Case #10 - P.J.S. v. State, Nos. 3D21-1729, 3D21-1730 (Fla. 3rd DCA)(October 26, 2022)

  • P.J.S. is another Zoom juvenile delinquency hearing case out of Miami Dade County where the judge appeared by Zoom, but everyone else appeared in the courtroom.

Case #11 - Guzman v. State, No. 4D22-0148 (Fla. 4th DCA)(October 26, 2022)

  • Guzman is a constitutionality of a six person jury and PSI case out of St. Lucie County.

Case #12 - Nottage v. State, No. 4D21-3238 (Fla. 4th DCA)(October 26, 2022)

  • Nottage is a 3.850 based on newly discovered evidence case out of Palm Beach County.

Case #13 - State v. Trinidad, No. 5D21-3006 (Fla. 5th DCA)(October 28, 2022)

  • Trinidad is a 90.403 evidence that’s probative value is outweighed by unfair prejudice case out of Osceola County.

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Federal 11th Circuit Criminal Case Law Update (October 17, 2022 - October 21, 2022)OVERVIEW 6 cases * 0 published decisions * 6 unpublished decisions Case # 1 - Rosello v. United States, No. 21-14440 (11th Cir. Unpub. Dec.)(October 21, 2022) - 1:04*

  • Rosello is a successive §2255 motion to vacate case. Case #2 - United States v. Davis, No. 21-12590 (11th Cir. Unpub. Dec.)(October 21, 2022) - 5:14

  • Davis is a sufficiency of the evidence in a conspiracy to engage in sex trafficking of a minor case. Case #3 - United States v. Gamory, No. 21-12129 (11th Cir. Unpub. Dec.)(October 18, 2022) - 11:30

  • Gamory is a §3582(c)(2) and Amendment 782 sentence reduction case. Case #4 - United States v. Gelin No. 21-11091, 21-11505 & Fernetus No. 21-11587 (11th Cir. Unpub. Dec.)(October 18, 2022) - 14:15

  • Gelin and Fernetus is an untimely motion to dismiss for selective prosecution and judge recusal case. Case #5 - United States v. Laureti, No. 18-10508 (11th Cir. Unpub. Dec.)(October 18, 2022) - 20:46

  • Laureti is a motion for new trial denial case involving alleged newly discovered evidence and Brady and Giglio violations. Case #6 - United States v. Solano, No. 21-14191 (11th Cir. Unpub. Dec.)(October 21, 2022) - 24:27

  • Solano is a ineffective assistance of counsel and request for a new attorney case. Compassionate Release Cases
    USA v. Jackson, No. 22-11346 (11th Cir. Unpub. Dec.)(October 19, 2022)

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EPISODE #17: Florida Criminal Case Law Update (October 17, 2022 - October 21, 2022)

OVERVIEW - 7

  • 0 - Florida Supreme Court Cases
  • 4 - First DCA Cases
  • 1 - Second DCA Cases
  • 1 - Third DCA Cases
  • 0 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

Case #1 - Baker v. State, No. 1D22-1182 (Fla. 1st DCA)(October 18, 2022) - 1:08

  • Baker is a second degree murder post-conviction relief case.

Case #2 - Ford v. State, No. 1D20-3350 (Fla. 1st DCA)(October 19, 2022) - 3:12

  • Ford is a duress and admission of evidence of gang affiliation case out of Duval County.

Case #3 - Scott v. State, No. 1D21-2842 (Fla. 1st DCA)(October 19, 2022) - 8:31

  • Scott is a lack of remorse at sentencing case out of Escambia County.

Case #4 - Youngblood v. State, No. 1D21-1430 (Fla. 1st DCA)(October 19, 2022) - 9:53

  • Youngblood is a William’s Rule case out of Bradford County.

Case #5 -Szewczyk v. State, No. 2D21-10 (Fla. 2nd DCA)(October 21, 2022) - 11:16

  • Szewczyk is a 3.850 ineffective assistance of counsel case out of Charlotte County.

Case #6 - Ruiz v. State, No. 3D22-257 (Fla. 3rd DCA)(October 19, 2022) - 14:18

  • Ruiz is a sexual predator designation case out of Miami-Dade County.

Case #7 - Floyd v. State, No. 5D21-2645 (Fla. 5th DCA)(October 21, 2022)- 17:22

  • Floyd is another 3.850 ineffective assistance of counsel claim case out of Volusia County.

View Details

EPISODE :#18: Federal Criminal Case Law Update (October 10, 2022 - October 14, 2022)Find written summaries of each casehere.

OVERVIEW

  • 5 cases
  • 0 published decisions
  • 5 unpublished decisions

Case # 1 - Pagan v. USA, No. 21-12328 (11th Cir. Unpub. Dec.)(October 14, 2022) - 1:03

  • Pagan is a Distribution of heroin and fentanyl resulting in death jury instruction and admissibility of co-conspirator statements case.

Case #2 - USA v. Anderson, No. 21-11796 (11th Cir. Unpub. Dec.)(October 14, 2022) - 10:39

  • Anderson is a sophisticated means enhancement case.

Case #3 - USA v. Pope, Jr., No. 21-12173 (11th Cir. Unpub. Dec.)(October 13, 2022) - 14:05

  • Pope is a probation officer search and seizure case involving a warrantless search of a probationer’s home.

Case #4 - USA v. Ullah, No. 21-13646 (11th Cir. Unpub. Dec.)(October 12, 2022) - 20:33

  • Ullah is a career offender enhancement case.

Case #5 - USA v. Zimmerman, No. 21-11520 (11th Cir. Unpub. Dec.)(October 13, 2022) - 22:02

  • Zimmerman is a Child Pornography case involving admission of a prior conviction at trial and preventing access to the internet as a condition of supervised release.

Compassionate Release Cases:

USA v. Casado, No. 22-10605 (11th Cir. Unpub. Dec.)(October 13, 2022)

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EPISODE: #17: Florida Case Law Update (October 10, 2022 - October 15, 2022)

OVERVIEW - 10 Cases

  • 1 - Florida Supreme Court Cases
  • 4- First DCA Cases
  • 1 - Second DCA Cases
  • 2 - Third DCA Cases
  • 0 - Fourth DCA Cases
  • 2 - Fifth DCA Cases

Case #1 - Statler v. State, No. SC21-119 (Fla. Sup. Ct.)(October 14, 2022) - 1:04

  • Statler is a case about the constitutionality of §794.011(5)(b) Sexual Battery and whether Sexual Battery requires the State to prove that the Defendant knew or should have known that  the victim did not consent.

Case #2 - Atwood v. State, No. 1D21-2605 (Fla. 1st DCA)(October 12, 2022) - 7:50

  • Atwood is a traffic stop search and seizure case out of Escambia County.

Case #3 - Jack v. State, No. 1D21-1494 (Fla. 1st DCA)(October 12, 2022) - 13:40

  • Jack is a second degree murder lack of preservation of error case out of Bay County.

Case #4 - State v. Green, No. 1D21-1808 (Fla. 1st DCA)(October 12, 2022) - 16:05

  • Green is a warrantless search of a probationer’s residence case out of Gulf County where evidence seized pursuant to a search warrant was used to charge a non-probationer resident of the house.

Case #5 - Williams v. State, No. 1D22-123 (Fla. 1st DCA)(October 12, 2022) - 22:15

  • Williams is a Statute of Limitations in a Sexual Battery case out of Duval County. e for testing by the accused.

Case #6 - Battles v. State, No. 2D22-765 (Fla. 2nd DCA)(October 14, 2022) - 26:49

  • Battles is a 3.800(a) motion to correct illegal sentence case out of Polk County.

Case #7 - Alcazar v. State, No. 3D22-1669 (Fla. 3rd DCA)(October 12, 2022) - 28:00

  • Alcazar is a pretrial detention case.

Case #8 - Mendoza v. State, No. 3D21-1522 (Fla. 3rd DCA)(October 12, 2022) - 32:25

  • Mendoza is a failure to complete a sex offender program because of purported inability to pay probation violation case.

Case #9 - Roberts v. State, No. 5D21-2537 (Fla. 5th DCA)(October 14, 2022) - 36:26

  • Roberts is a discovery violation and motion for new trial case out of Marion County.

Case #10 - State v. Woodson, No. 5D21-2251 (Fla. 5th DCA)(October 14, 2022) - 39:28

  • Woodson is a Stand your ground case out of Osceola County.

View Details

EPISODE :#16: Federal Case Law Update (October 3, 2022 - October 7, 2022)

OVERVIEW

  • 9 cases
  • 0 published decisions
  • 9 unpublished decisions

Case # 1 - USA v. Arias, No. 22-10075 (11th Cir. Unpub. Dec.)(October 7, 2022) - 1:09

  • Arias is a safety valve case involving the 3553(f) requirement to disclose truthful information to the government.

Case #2 - USA v. Bowe, Jr., No. 22-10054 (11th Cir. Unpub. Dec.)(October 6, 2022) - 4:20

  • Bowe is a safety valve case involving providing truthful information to the government.

Case #3 - USA v. Common, No. 21-13244 (11th Cir. Unpub. Dec.)(October 3, 2022) - 7:19

  • Common is a withdrawal of plea case where the district court failed to inform him of the maximum sentence.

Case #4 - USA v. Franklin, No. 21-14358 (11th Cir. Unpub. Dec.)(October 7, 2022) - 10:15

  • Franklin is an embezzlement, bank fraud and wire fraud case with several issues on appeal.

Case #5 - USA v. Gargiulo, No. 21-14123 (11th Cir. Unpub. Dec.)(October 4, 2022) - 19:05

  • Gargiulo is a substantive reasonableness of the sentence case.

Case #6- USA v. James, No. 21-11956 (11th Cir. Unpub. Dec.)(October 3, 2022) - 20:05

  • James is a suppression motion denial  and reasonableness of sentence case.

Case #7 - USA v. Jarcord, No. 21-13975 (11th Cir. Unpub. Dec.)(October 5, 2022) - 21:47

  • Jarcord is an enticing a minor to engage in prostitution jury instruction case.

Case #8 - USA v. McKnight, No. 20-11859 (11th Cir. Unpub. Dec.)(October 3, 2022) - 24:16

  • McKnight is a Notice of Appeal and 2255 motion for indicative ruling case.

Case #9 - USA v. Sholtz, No. 22-10444 (11th Cir. Unpub. Dec.)(October 5, 2022)- 28:38

  • Sholtz is a supervised release case where Mr. Sholtz argued that his term of lifetime release exceeded the  statutory maximum.

Compassionate Release Cases.

USA v. Gaines, No. 22-10587 (11th Cir. Unpub. Dec.)(October 6, 2022)

USA v. Howard, No. 21-12980 (11th Cir. Unpub. Dec.)(October 3, 2022)

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EPISODE #15: Florida Case Law Update (October 3, 2022 - October 7, 2022)

OVERVIEW - 10 Cases

  • 0 - Florida Supreme Court Cases
  • 3 - First DCA Cases
  • 3 - Second DCA Cases
  • 1 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 2 - Fifth DCA Cases

Case #1 - Brown v. State, No. 1D21-0597 (Fla. 1st DCA)(October 6, 2022) - 1:05

  • Brown is an objection preservation and Faison Kidnapping case out of Alachua County.

Case #2 - McClendon, Jr. v. State, No. 1D21-1565 (Fla. 1st DCA)(October 6, 2022) - 6:35

  • McClendon is a failure to grant a downward departure case out of Duval County.

Case #3 - Morris v. State, No. 1D21-1689 (Fla. 1st DCA)(October 6, 2022) - 9:20

  • Morris is a legally inconsistent verdict case out of Alachua County.

Case #4 - Lamberson v. State, No. 2D21-1557 (Fla. 2nd DCA)(October 7, 2022) - 11:14

  • Lamberson is a 775.082(10) sentencing case involving retroactivity of the Florida Supreme Court’s decision in Brown.

Case #5 - White, Jr. v. State, No. 2D21-1713 (Fla. 2nd DCA)(October 7, 2022) - 13:34

  • White is a downward departure case out of Pinellas county.

Case #06 - Morrow v. State, No. 2D22-686 (Fla. 2nd DCA)(October 7, 2022) - 15:35

  • Morrow is a credit for time served case out of Polk County.

Case #7 - L.A. v. State, No. 3D20-1856 (Fla. 3rd DCA)(October 6, 2022) - 17:50

  • L.A. is a juvenile case out of Miami-Dade County involving a witness testifying at an adjudicatory hearing by Zoom.

Case #8 - Walk v. State, No. 4D21-557 (Fla. 4th DCA)(October 6, 2022) - 19:06

  • Walk is a case out of Palm Beach County that addresses credit time for probation time served.

Case #9 - Glispy v. State, No. 5D21-2172; 2173 (Fla. 5th DCA)(October 3, 2022) - 21:37

  • Glispy is a failure to remain confined at home violation of community control case out of Brevard County.

Case #10 - Smith v. State, No. 5D22-1663 (Fla. 5th DCA)(October 3, 2022) - 23:18

  • Smith is a credit for time served towards probation term case.

View Details

EPISODE #14: Federal Criminal Case Law Update (9/29/22 - 9/30/22)

Case #1 - USA v. Conage(9/30/22) - 00:59 - Whether Florida’s Trafficking qualifies as an ACCA predicate offense.

Case #2 - Azmat v. USA(9/28/22) - 3:07 - Successive 2255 motion case.

Case #3 - Cesal v. USA (9/29/22) - 4:50 - Successive §2255 motion case.

Case #4 - Johnson v. USA (9/27/22) - 9:40 - §2255 equitable tolling case.

Case #5 - USA v. Chapman (9/30/22) - 11:58 - Sufficiency of the evidence case.

Case #6 - USA v. Coney (9/28/22) - 15:59 - Appeal waiver case.

Case #7 - USA v. Gissendanner (9/28/22) - 18:41 - Batson juror strike case.

Case #8 - USA v. Goodman (9/28/22) - 26:13 - Sup. Rel. Rev. Case

Case #9 - USA v. Lutin (9/28/22) - 28:00 - Upward variance case.

Case #10 - USA v. Ravelo (9/28/22) - 31:00 - Motion to withdraw plea case.

Case #11 - USA v. Reyes (9/27/22)- 35:21 - Restitution order case.

Case #12 - USA v. Turner (9/29/22) - 37:31 - Traffic stop suppression case

Case #13 - USA v. Valencia (9/30/22) - 44:11 - MDLEA case
Compassionate Release Cases:Anderson ; Erwin; Moss

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EPISODE: #13: Florida Criminal Case Law Update  (September 26, 2022 - September 30, 2022)

OVERVIEW - 6 Cases

  • 1 - Florida Supreme Court Cases
  • 3 - First DCA Cases
  • 0 - Second DCA Cases
  • 1 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 0 - Fifth DCA Cases

Case #1 - Truehill v. State, SC20-1589 (Fla. Sup. Ct.)(September 29, 2022) - 1:19

  • Truehill is a 3.851 ineffective assistance of counsel after a death sentence case.

Case #2  - Herring v. State, No. 1D20-0861 (Fla. 1st DCA)(September 28, 2022) - 12:17

  • Herring is a probation revocation case out of Liberty County.

Case #3 - Jordan v. State, No. 1D22-2960 (Fla. 1st. DCA)(September 27, 2022) - 13:56

  • Jordan is a Motion to Withdraw by the public defender case.

Case #4 - Parrish v. State, No. 1D21-1435 (Fla. 1st DCA)(September 28, 2022) - 17:12

  • Parrish is a sex offense sentencing case out of Escambia County.

Case #5 - T.T.W. v. State, No. 3D21-1045 (Fla. 3rd DCA)(September 30, 2022) - 20:12

  • T.T.W. is a Juvenile adjudicatory hearing case involving Zoom testimony.

Case #6 - Johnstone v. State, No. 4D21-1411 (Fla. 4th DCA)(September 30, 2022)- 21:18

  • Johnstone is a stalking case out of Okeechobee County.

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EPISODE :#12: Federal Case Law Update (9/19/22 - 9/23/22)

OVERVIEW

  • 14 cases
  • 1 published decisions
  • 13 unpublished decisions

Case # 1 - USA v. Grushko, No. 20-10438 (11th Cir. pub. Dec.)(September 23, 2022) - 1:00

  • https://media.ca11.uscourts.gov/opinions/pub/files/202010438.pdf

Case #2 - USA v. Beckford, No. 22-10638 (11th Cir. Unpub. Dec.)(September 22, 2022) - 13:08

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202210638.pdf

Case #3 - USA v. Bennett, No. 21-11599 (11th Cir. Unpub. Dec.)(September 19, 2022) - 15:04

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202111599.pdf

Case #4 - USA v. Billups, No. 22-10331 (11th Cir. Unpub. Dec.)(September 20, 2022) - 18:01

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202210331.pdf

Case #5 - USA v. Cargill, No. 20-13507 (11th Cir. Unpub. Dec.)(September 22, 2022) - 19:39

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202013507.pdf

Case #6 - USA v. Denson, No. 21-11077 (11th Cir. Unpub. Dec.)(September 21, 2022) - 27:19

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202111077.pdf

Case #7 - USA v. Frank, No.. 20-11049 (11th Cir. Unpub. Dec.)(September 21, 2022) - 28:14

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202011049.pdf

Case #8 - USA v. Greenberg, No. 21-12940 (11th Cir. Unpub. Dec.)(September 19, 2022) - 35:12

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202112940.pdf

Case #9 - USA v. Harrington, No. 21-13404 (11th Cir. Unpub. Dec.)(September 21, 2022) - 36:15

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202113404.pdf

Case #10 - USA v. Madison, No.21-12611 (11th Cir. Unpub. Dec.)(September 19, 2022) - 37:14

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202112611.pdf

Case #11 - USA v. McCary, No. 21-12807 (11th Cir. Unpub. Dec.)(September 21, 2022) - 38:47

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202112807.pdf

Case #12 - USA v. Mike, No. 21-13700 (11th Cir. Unpub. Dec.)(September 22, 2022) - 40:41

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202113700.pdf

Case #13 - USA v. Quiroga, No. 22-10915 (11th Cir. Unpub. Dec.)(September 19, 2022) - 42:07

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202210915.pdf

Case #14 - USA v. Rosado, No. 21-14065 (11th Cir. Unpub. Dec.)(September 21, 2022) - 45:05

  • https://media.ca11.uscourts.gov/opinions/unpub/files/202114065.pdf

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EPISODE: #11: Florida Case Law Update (9/19/22 - 9/23/22)

OVERVIEW - 8 Cases and 1 Rule Amendment

-0 - Florida Supreme Court Cases

  • 4 - First DCA Cases
  • 2 - Second DCA Cases
  • 0 - Third DCA Cases
  • 0 - Fourth DCA Cases
  • 2 - Fifth DCA Case

Case #1 - Brown v. State, No. 1D21-2947 (Fla. 1st DCA)(September 21, 2022) - 1:10

  • Brown is an Anders Brief case where the 1st DCA found that there were sentencing errors.
  • http://floridasupremecourt.org/content/download/849723/opinion/212947_NOND_09212022_141645_i.pdf

Case #2 - Gross v. State, No. 1D21-3193 (Fla. 1st DCA)(September 21, 2022) - 4:27

  • Gross is a violation of probation case out of Escambia County involving changing residence without permission.
  • https://www.floridasupremecourt.org/content/download/849725/opinion/213193_DC05_09212022_141946_i.pdf

Case #3 - Mizell v. State, No. 1D20-3627 (Fla. 1st DCA)(September 21, 2022) - 5:42

  • Mizell is a DUI manslaughter case out of Nassau County involving admissibility of the victim’s BAC level.
  • https://www.floridasupremecourt.org/content/download/849717/opinion/203627_DC05_09212022_140356_i.pdf

Case #4 - Watson v. State, No. 1D22-189 (Fla. 1st DCA)(September 21, 2022) - 9:48

  • Watson is a 3.850 motion case out of Nassau County involving newly discovered evidence.
  • https://www.floridasupremecourt.org/content/download/849731/opinion/220189_DC05_09212022_142151_i.pdf

Case #5 - Hay v. State, No.2D21-2167 (Fla. 2d DCA)(September 21, 2022) - 12:14

  • Hay is a denial of a public defender’s motion to withdraw case out of Lee County.
  • https://www.floridasupremecourt.org/content/download/849675/opinion/212167_DC03_09212022_083027_i.pdf

Case #6 - State v. Waiters, No. 2D21-1477 (Fla. 2nd DCA)(September 23, 2022) - 13:54

  • Waiters is a 893.21 Good Samaritan Act case out of Manatee County.
  • https://www.floridasupremecourt.org/content/download/849844/opinion/211477_DC13_09232022_081840_i.pdf

Case #7 - Goonewardena v. State, No. 5D21-1073 (Fla. 5th DCA)(September 23, 2022) - 18:59

  • Goonewardena is a competency case out of Seminole County.
  • https://www.floridasupremecourt.org/content/download/849858/opinion/211073_DC13_09232022_094014_i.pdf

Case #8 - State v. Williamson, No. 5D21-2624 (Fla. 5th DCA)(September 23, 2022) - 22:37

  • Williamson is a C4 Motion to dismiss case out of Orange County.
  • https://www.floridasupremecourt.org/content/download/849862/opinion/212624_DC13_09232022_083606_i.pdf

Amendment to Fla. Rule of Crim. Pr. 3.790 - 26:34

  • https://www.floridasupremecourt.org/content/download/849776/opinion/sc22-103

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EPISODE :#10: Federal Case Law Update (9/12/22 - 9/16/22)

OVERVIEW

  • 9 cases
  • 0 published decisions
  • 9 unpublished decisions

Case # 1 - USA v. Fisher, No. 21-11879 (11th Cir. Unpub. Dec.)(September 13, 2022) - 1:00

  • Fisher is a long decision involving Tricare health care fraud involving millions of dollars.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202111879.pdf

Case #2 - USA v. Jackson, No. 21-13849 (11th Cir. Unpub. Dec.)(September 13, 2022) - 7:03

  • Jackson is a compassionate release case where the government moved for summary affirmance.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202113849.pdf

Case #3 - USA v. Jeune, No. 21-14420 (11th Cir. Unpub. Dec.)(September 15, 2022) - 8:16

  • Jeune is a tax fraud case involving the appeal from a resentencing where Ms. Jeune wanted to relitigate issues already litigated in her first appeal.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202114420.pdf

Case #4 - USA v. Lundi, No. 20-10898 (11th Cir. Unpub. Dec.)(September 13, 2022) - 10:06

  • Lundi is a case about motions to withdraw pleas.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202010898.pdf

Case #5 - USA v. Moreno, No. 21-14411 (11th Cir. Unpub. Dec.)(September 12, 2022) - 12:44

  • Moreno is a compassionate release case.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202114411.pdf

Case #6 - USA v. Peebles, No. 21-14182 (11th Cir. Unpub. Dec.)(September 12, 2022) - 14:35

  • Peebles is a §2252A case where Mr. Peebles argues that his sentence under 2252A(b)(2) violates the constitution and that Mr. Pebble’s sexual battery conviction in Virginia is not a predicate offense.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202114182.pdf

Case #7 - USA v. Ridling, No. 21-10777 (11th Cir. Unpub. Dec.)(September 13, 2022) - 19:37

  • Ridling is a guideline intended loss calculation case.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202110777.pdf

Case #8 - USA v. Sims, No. 20-12774 (11th Cir. Unpub. Dec.)(September 12, 2022) - 22:47

  • Sims is a warrantless search of an automobile case.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/202012774.pdf

Case #9 - USA v. Turner, 19-13704 (11th Cir. Unpub. Dec.)(September 13, 2022) - 31:10

  • Turner is a warrantless search of the contents of a cell phone case.
  • https://media.ca11.uscourts.gov/opinions/unpub/files/201913704.pdf

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EPISODE: #9: Florida Case Law Update (9/12/22 - 9/16/22)

OVERVIEW - 8 Cases

  • 1 - Florida Supreme Court Cases
  • 2 - First DCA Cases
  • 2 - Second DCA Cases
  • 0 - Third DCA Cases
  • 2 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

Case #1 - Mosley v. State, No. SC20-195 (Fla. Sup. Ct.)(September 15, 2022) - 1:00

  • Mosley is a death case resentencing case out of my own Duval County.
  • https://www.floridasupremecourt.org/content/download/848980/opinion/sc20-195.pdf

Case #2 - Khayrallah v. State, No. 1D19-2407 (Fla. 1st DCA)(September 14, 2022) - 6:51

  • Kayrallah is a written threats case again out of my Duval County addressing what it means to send a threat and what a threat is.
  • https://www.floridasupremecourt.org/content/download/848884/opinion/192407_DC05_09142022_093044_i.pdf

Case #3 - Knapp v. State, No. 1D21-1539 (Fla. 1st DCA)(September 14, 2022) - 10:56

  • Knapp is a lawfulness of a traffic stop case out of Escambia County.
  • https://www.floridasupremecourt.org/content/download/848889/opinion/211539_DC05_09142022_094143_i.pdf

Case #4 - Moore v. State, No. 2D22-298 (Fla. 2nd DCA)(September 16, 2022) - 13:27

  • Moore is an illegal sentence case out of Hillsborough County.
  • https://www.floridasupremecourt.org/content/download/849110/opinion/220298_DC08_09162022_091433_i.pdf

Case #5 - Tillman v. State, No. 2D21-1269 (Fla. 2nd DCA)(September 16, 2022) - 14:50

  • Tillman is a sentencing error case involving conflicting oral and written pronouncements of sentence.
  • https://www.floridasupremecourt.org/content/download/849108/opinion/211269_DC08_09162022_091202_i.pdf

Case #6 - Baker v. State, Nos. 4D20-2112, 2239, 2240 (Fla. 4th DCA)(September 14, 2022) - 16:00

  • Baker is a 921.0024(2) illegal sentence case out of Martin County.
  • https://www.floridasupremecourt.org/content/download/848911/opinion/202112_DC13_09142022_095640_i.pdf

Case #7 - Robinson v. State, No. 4D2-1064 (Fla. 4th DCA)(September 14, 2022) - 18:22

  • Robinson is a driving with suspended license and knowledge of the suspension case out of Broward County.
  • https://www.floridasupremecourt.org/content/download/848919/opinion/221064_DC05_09142022_100657_i.pdf

Case #8 - Winters v. State, No. 5D22-818 (Fla. 5th DCA)(September 16, 2022) - 20:38

  • Winters is a 3.850 ineffective assistance of counsel case out of Putnam County.
  • https://www.floridasupremecourt.org/content/download/849098/opinion/220818_DC08_09162022_092303_i.pdf

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EPISODE :#8: Federal Case Law Update (9/6/22 - 9/9/22)

OVERVIEW

  • 7 cases
  • 1 published decisions
  • 6 unpublished decisions

Before we get to last week’s opinions, I wanted to give you this note from the outstanding Federal Public Defenders Conrad Kahn and Jim Skuthan out of Orlando. The important precedential decision in Eugene Jackson was vacated by the 11th Circuit on September 8th and the Court ordered supplemental briefing. In Eugene Jackson, the 11th Circuit recently held that pre-July 2017 Florida cocaine convictions are not “serious drug offenses” under the Armed Career Criminal Act. But apparently the Court wants to revisit the issue.

So, Eugene Jackson is no longer good law, but the issue is also not foreclosed by precedent. So, you can still argue that a pre July 2017 Florida cocaine conviction under 893.13 is not a “serious drug offense” and we will see how the 11th Circuit ultimately rules in the Eugene Jackson decision.

Case # 1 - USA v. Mack and Jaycee Doak, No. 19-15106 (11th Cir. Pub. Dec.)(September 7, 2022)

  • Mack and Jaycee Doak were convicted of several counts related to Mack Doak’s transporting his three adopted children across state lines to sexually abuse them and Jaycee Doak’s aiding and abetting Mack.

Case #2 - Presendieu v. USA, No. 21-12552 (11th Cir. Unpub. Dec.)(September 9, 2022)

  • Mr. Presendieu challenges the denial of his 2255 motion that alleged his counsel was ineffective for failing to present evidence of his cooperation at sentencing and for failing to challenge the government’s loss calculation.

Case #3 - USA v. Garcia Vasquez, No. 21-12288 (11th Cir. Unpub. Dec.)(September 9, 2022)

  • Mr. Garcia Vasquez appeals his 15 month sentence for illegal reentry as substantively unreasonable.

Case #4 - USA v. Hunt, No. 19-14830 (11th Cir. Unpub. Dec.)(September 9, 2022)

  • Hunt is a First Step Act sentence reduction case where Mr. Hunt was originally sentenced to life or 360 months for various crack cocaine and powder cocaine convictions.

Case #5 - USA v. Mellon, No. 21-12248 (11th Cir. Unpub. Dec.)(September 7, 2022)

  • Mr. Mellon argues on appeal that the trial court erred by finding the government proved by a preponderance of the evidence that substances found in his residence and vehicle were marijuana and applying the 2K2.1(b)(6)(B) enhancement fro possession of a firearm in connection with another felony and applying the 2K2.1(b)(4) enhancement for possessing a stolen gun because it’s strict liability violates due process.

Case #6 - USA v. Romeu, No. 21-13321 (11th Cir. Unpub. Dec.)(September 9, 2022)

  • Romeu is a compassionate release case.

Case #7 - USA v. Saldana, No. 20-14707 (11th Cir. Unpub. Dec.)(September 7, 2022)

  • Saldana is First Step Act sentence reduction case where Mr. Saldana sought a sentence reduction because a jury did not find that he was responsible for 1.5 kilos of crack cocaine and the Apprendi decision requiring a jury finding on the drug amount was decided while his direct appeal was pending.

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EPISODE #7: Florida Case Law Update (9/6/22 - 9/9/22)

OVERVIEW - 5 Cases

  • 1 - Florida Supreme Court Cases
  • 1 - First DCA Cases
  • 1 - Second DCA Cases
  • 0 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

Florida Evidence Code has been amended to add § 90.2035, which is entitled Judicial Notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools. It provides a procedure to have online maps, like google maps, printouts judicially noticed.

Case #1 -Davis v. State, No. SC20-1282 (Fla. Sup. Ct.)(September 8, 2022)

  • Davis is a case about motions to disqualify a judge and the proper standard of review.

SPOTLIGHT CASE
Case #2 - Bailey v. State, No. 1D21-2023 (Fla. 1st DCA)(September 7, 2022)

  • Bailey is a case out of Bay County about a violation of probation allegation that was filed after the term of probation expired and whether that time was tolled.

Case #3 - Daniels v. State, No. 2D21-702 (Fla. 2nd DCA)(September 9, 2022)

  • Daniels is a DUI case out of Sarasota County dealing with reasonable suspicion to conduct a DUI investigation.

Case #4 - Neeley v. State, No. 4D21-3335 (Fla. 4th DCA)(September 7, 2022)

  • Neeley is a sufficiency of the oath in a 3.850 motion case.

Case #5 - State v. Torres, No. 5D22-21 (Fla. 5th DCA)(September 9, 2022)

  • Torres is a law enforcement jurisdiction case out of Orange County.

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**EPISODE :#6: Federal Case Law Update (8/29/22 - 9/2/22)

OVERVIEW**

  • 9 cases
  • 0 published decisions
  • 9 unpublished decisions

Case # 1 - USA v. Acevedo, No. 21-13357 (11th Cir. Unpub. Dec.)(August 29, 2022)Acavedo is a substantive reasonableness of the sentence case where Mr. Acavedo challenges his bottom of the guideline sentence based on his lack of criminal history and his co-defendant's lower sentences.

Case #2 - USA v. Alfonso Feliz, 21-13267 (11th Cir. Unpub. Dec.)(Sept. 1, 2022)Mr. Feliz challenges the trial courts application of 3C1.2 Reckless Endangerment two offense level enhancement and the denial of his request for a 3B1.2 Minor Role reduction. Case #3 - USA v. Catalano, 21-10759 (11th Cir. Unpub. Dec.)(August 29, 2022)Ms. Catalano raised on direct appeal an allegation that her trial counsel was ineffective for recommending she plea to a Notice of Maximum Penalties and preserve her right to appeal as opposed to accepting a plea agreement that would have resulted in a lower guideline range, but also with an appeal waiver.

Case #4 - USA v. Devlin, No. 21-12931 (11th Cir. Unpub. Dec.)(August 31, 2022)Mr. Devlin challenges the criminal forfeiture entered into by the district court several years after the order was entered.

Case #5 - USA v. Eatmon, No. 20-11845 (11th Cir. Unpub. Dec.)(Sept. 1, 2022)Eatmon is a case sent down from the Supreme Court applying that Court's decision in Concepcion requiring the trial court to consider intervening changes in law when parties raise that issue.

Case #6 - USA v. Lee, No. 20-13968 (11th Cir. Unpub. Dec.)(August 31, 2022)Mr. Lee challenged the guideline calculation on his case where the case had previously been reduced based on guideline changes to the drug quantity tables.

Case #7 - USA v. Moore, 21-13285 (11th Cir. Unpub. Dec. )(August 29, 2022)Mr. Moore challenges the trial court's 96 month sentence which was 26 months above the top of the guidelines.

Case #8 - USA v. Saldana, 20-14632 (11th Cir. Unpub. Dec.)(Sept. 1, 2022)Saldana is a compassionate release case where Mr. Saldana has end stage kidney disease. Case #9 - USA v. Weaver, No. 21-13137 (11th Cir. Unpub. Dec.)(August 31, 2022)Weaver is a Fair Sentencing Act sentence reduction case involving the issue of a subsequent request for a sentence reduction when the court has already imposed or reduced the sentence in accordance with the Fair Sentencing Act.

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EPISODE #5: Florida Case Law Update (8/29/22 - 9/2/22)

OVERVIEW - 5 Cases

  • 2 - Florida Supreme Court Cases
  • 0 - First DCA Cases
  • 1 - Second DCA Cases
  • 2 - Third DCA Cases
  • 0 - Fourth DCA Cases
  • 0 - Fifth DCA Cases

Case #1 -Gordon v. State, No. SC20-284 (Fla. Sup. Ct.)(Sept. 1, 2022)Mr. Gordon was sentenced to death for First Degree Murder. He argues on appeal that the State impermissibly struck a juror on account of race, that the evidence of premeditation was insufficient, and that his sentence violated the Eighth Amendment.

Case #2 - State v. Mullens, No. SC19-1587 (Fla. Sup. Ct.)(August 31, 2022)Mr. Mullens was sentenced to death for First Degree Murder. He argued that his trial counsel was ineffective during the penalty phase based on the testimony of two new experts that testified at the post conviction hearing. The Florida Supreme Court reviewed whether the trial court erred by granting a new penalty phase.

Case #3 - Taylor v. State, No. 2D22-1186 (Fla. 2nd DCA)(August 31, 2022)Mr. Taylor, a juvenile at the time, was sentenced to life with review after 25 years for first degree murder and 30 years (with no judicial review) for attempted robbery. The 2nd DCA determined whether Mr. Taylor was entitled to judicial review on the attempted robbery.

Case #4 - Darling v. State, No. 3D22-0697 (Fla. 3rd DCA)(August 31, 2022)Darling is a 3.800 Motion to Correct Illegal Sentence case addressing reclassification and minimum mandatory sentences under 775.087.

Case #5 - Ramirez v. State, No. 3D22-1014 (Fla. 3rd DCA)(August 31, 2022)Ramirez is a 3.800 Motion case where Mr. Ramirez attempted to challenge the validity of his conviction through a 3.800 motion.

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EPISODE #1: Florida Criminal Case Law Update (8/15/22 - 8/20/22)

OVERVIEW - 9 Cases

  • 0 - Florida Supreme Court Cases
  • 3 - First DCA Cases
  • 4 - Second DCA Cases
  • 0 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 1 - Fifth DCA Cases

Case #1 - J.H. v. State, No. 1D21-1114, 1115, 1116 (Fla. 1st DCA)(August 17, 2022)J.H. is a juvenile case involving suppression of his confession when brought to the detective's office while serving time on an unrelated case.

Case #2 - Mitchum v. State, No. 1D21-1993 (Fla. 1st DCA)(August 17, 2022)Mitchum involves the issue of calling a witness for primary purpose to impeach that witness.

Case #3 - White v. State, No. 1D21-1283 (Fla. 1st DCA)(August 17, 2022)White is a violation of community control case.

Case #4 - Griffin v. State, No. 2D22-76 (Fla. 2nd DCA)(August 19, 2022)Griffin is a 3.850 case involving the summary denial of the motion where the trial court relies on unsworn statements.

Case #5 - Riggens v. State, No. 2D21-3627 (Fla. 2nd DCA)(August 19, 2022)Riggens involves a Stand Your Ground Motion to dismiss under 3.190(b) and whether it must be sworn.

Case #6 - Sullivan v. State, No. 2D22-916 (Fla. 2nd DCA)(August 19, 2022)Sullivan involves an appellate court's jurisdiction to review a 3.180(a)(9) motion to correct error.

Case #7 - Urbaniak v. State, No. 2D21-3315 (Fla. 2nd DCA)(August 19, 2022)Urbaniak involved a remand to correct scrivener's errors in an order revoking probation.

Case #8 - State v. Tillman, No. 4D21-2348 (Fla. 4th DCA)(August 17, 2022)Tillman involves the dismissal of charges based on incompetency under Rule 3.213(a).

Case #9 - Germain v. State, No. 5D21-2553 (Fla. 5th DCA)(August 19, 2022)Germain is a 3.850 case where Mr. Germain argued that the district court erred by removing him from the courtroom during his hearing without a prior warning.

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EPISODE #2: Federal Case Law Update (8/15/22 - 8/20/22)

OVERVIEW

  • 15 cases
  • 2 published decisions
  • 13 unpublished decisions

Case # 1 - Alvarado-Linares v. USA, No. 19-14994 (11th Cir. Pub. Dec.)(August 16, 2022)Alvarado-Linares addresses whether murder and attempted murder are crimes of violence.

Case #2 - Ochoa v. USA, No. 18-10755 (11th Cir. Pub. Dec.)(August 18, 2022)Mr. Ochoa argued that his Sixth Amendment right to effective assistance of counsel was violated by his previous counsel who had a conflict of interest.

Case #3 - Ramdeo v. USA, No. 21-10112 (11th Cir. Unpub. Dec.)(August 17, 2022)Ramdeo involves the district court's authority to limit 2255 subsequent motions.

Case #4 - USA v. Chim, No. 21-11807 (11th Cir. Unpub. Dec.)(August 16, 2022)Chim is the appeal from a conviction of Hobbs act robbery and brandishing a firearm during a crime of violence.

Case #5 - USA v. Cobble, No. 20-13166 (11th Cir. Unpub. Dec.)(August 17, 2022)Cobble involves the district court's decision to allow Mr. Cobble, who was on trial for threatening district judges, to represent himself.

Case #6 - USA v. Floyd, No. 21-12336 (11th Cir. Unpub. Dec.)(August 17, 2022Floyd is a sentencing case addressing 2K2.1(b)(1)(A) for possessing 3-7 firearms and 4 level enhancement for using a firearm in connection with another felony offense.

Case #7 - USA v. Latson, No. 19-14934 (11th Cir. Unpub. Dec.)(August 15, 2022)Latson is a 922(g) PFCF and 924(e) Armed Career Criminal Case addressing the Commerce Clause and a predicate offense of Possession with Intent to Sell Marijuana.

Case #8 - USA v. McKennie, Jr., No. 21-14149 (11th Cir. Unpub. Dec.)(August 17, 2022)Mckennie is a substantively reasonableness of the sentence case.

Case #9 - USA v. Merry, No. 21-122926 (11th Cir. Unpub. Dec.)(August 19, 2022)Merry is a child pornography case discussing 2G2.2(b)(5) five level enhancement for pattern of sexual abuse activity.

Case #10 - USA v. Paquette, No. 21-11265 (11th Cir. Unpub. Dec.)(August 18, 2022)Paquette involves delegating a condition of supervised release limiting contact with minors to probation.

Case #11 - USA v. Perez, No. 21-12868 (11th Cir. Unpub. Dec.)(August 18, 2022)Perez addresses jurisdiction in distribution while aboard a vessel subject to U.S. jurisdiction cases.

Case #12 - USA v. Reaves, No. 21-13466 (11th Cir. Unpub. Dec.)(August 19, 2022)Reaves is a compassionate release case.

Case #13 - USA v. Seymour, No. 21-11990 (11th Cir. Unpub. Dec.)(August 19, 2022)Seymour is a procedural and substantive reasonableness of the sentence case.

Case #14 - USA v. Williams, No. 21-12101 (11th Cir. Unpub. Dec.)(August 17, 2022)Williams involves an ambiguous oral pronouncement of supervised release.

Case #15 - USA v. Wilson, No. 20-14860 (11th Cir. Unpub. Dec.)(August 18, 2022)Wilson looks at the issue of a consecutive sentence to an anticipated sentence on a military charge.

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EPISODE #3: Florida Case Law Update (8/22/22 - 8/26/22)

OVERVIEW - 10 Cases

  • 2 - Florida Supreme Court Cases
  • 4 - First DCA Cases
  • 1 - Second DCA Cases
  • 1 - Third DCA Cases
  • 1 - Fourth DCA Cases
  • 1 - Fifth DCA Cases
  • Amendment to Rule 3.220

Case #1 -Conage v. USA, No. SC20-1441 (Fla. Sup. Ct.)(August 25, 2022)Conage answered a certified question from the 11th Circuit asking whether a defendant is guilty of Trafficking as a "purchaser" of a trafficking amount of controlled substances if the defendant makes payment but does not yet possess the controlled substance.

Case #2 - State v. Garcia, No. SC19-1870 (Fla. Sup. Ct.)(August 25, 2022)Garcia involves the issue whether a trial court can consider a defendant's misconduct while out on bond for sentencing purposes.

Case #3 - Fryson v. State, No. 1D21-2285 (Fla. 1st DCA)(August 24, 2022)Fryson is a 3.850 ineffective assistance of counsel case.

Case #4 - Hudson v. State, No. 1D21-99 (Fla. 1st DCA)(August 24, 2022)Hudson is a DUI custodial interrogation case.

Case #5 - Kirkpatrick v. State, No. 1D21-683 (Fla. 1st DCA)(August 24, 2022)Kirkpatrick is a 3.850 case addressing whether trial counsel was ineffective for failing to advise him he could be impeached upon testifying, failing to hire a crime scene reconstruction expert and psychological expert, and failing to make a sufficient motion for judgment of acquittal, and failing to object to closing argument statements.

Case #6 - State v. Hardley, No. 1D19-1515 (Fla. 1st DCA)(August 24, 2022)Hardley is a case involving Florida's incest statute and whether victim sexual penetration points can be assessed.

Case #7 - J.B.E.C. v. State, No. 2D21-374 (Fla. 2nd DCA)(August 24, 2022)J.B.E.C. is a juvenile case addressing restitution for lost income.

Case #8 - Carnright v. State, No. 3D22-1244 (Fla. 3rd DCA)(August 24, 2022)Carnright is a case involving bond pending appeal under Rule 3.691.

Case #9 - State v. Bodrato, 4D22-334 (Fla. 4th DCA)(August 24, 2022)Bodrato is a DUI case involving an order to exit the vehicle.

Case #10 - Best v. State, No. D21-3114 (Fla. 5th DCA)(August 26, 2022Best is a PCA case with a concurrence discussing issue preservation for appeal.

Amendment to Rule 3.220Rule 3.220 is amended to preclude the visual recording of an adult deponent unless ordered by the court or agreed to by the parties and the deponent; require the audiovisual recording of depositions of minors unless otherwise ordered by the court, and prohibits the photographing of deponents during discovery depositions.

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EPISODE #4: Federal Case Law Update (8/22/22 - 8/26/22)

OVERVIEW

  • 11 cases
  • 2 published decisions
  • 8 unpublished decisions
  • 1 Florida Supreme Court Decision answering a certified question from the Eleventh Circuit

SPOTLIGHT CASE

Case # 1 - Conage v. USA, No. SC20-1441 (Fla. Sup. Ct.)(August 25, 2022)Conage answered a certified question from the 11th Circuit asking whether a defendant is guilty of Trafficking as a "purchaser" of a trafficking amount of controlled substances if the defendant makes payment but does not yet possess the controlled substance. If yes, then Florida Trafficking can serve as a predicate offense for ACCA purposes.

Case #2 - USA v. Ifediba & Ozuligbo, No. 20-13218 (11th Cir. Pub. Dec.)(August 25, 2022)Ifediba and Ozuligbo is a pill mill case involving several issues including the admissibility of evidence that the defendant engaged in legitimate medical treatment on some patients, the admissibility of evidence of cultural norms, jury misconduct, the sufficiency of medical records, in the absence of witness testimony, sufficiency of evidence, and the reasonableness of the sentence.

Case #3 - USA v. Utsick, Nom 16-16505 (11th Cir. Pub. Dec.)(August 22, 2022)Utsick deals with what a district court can consider for sentencing purposes when a defendant is extradited pursuant to an agreement with another country that limits what crimes the defendant can be charged with.

Case #4 - USA v. Alexander, No. 21-12234 (11th Cir. Unpub. Dec.)(August 24, 2022)Mr. Alexander challenges his Georgia Aggravated Assault conviction as a crime of violence under the guidelines and the denial of his motion for a downward departure.

Case #5 - USA v. Cosimano & Mencher, No. 19-14841 (11th Cir. Unpub. Dec.)(August 24, 2022)Cosimano and Mencher involves conspiracy to commit murder involving two rival motorcycle clubs. Mr. Cosimano and Mr. Mencher raised various arguments including the sufficiency of the evidence, the predicate VICAR murder count as a 924(c) crime of violence, the denial to sever their trials, and the denial of a motion to suppress.

Case #6 - USA v. Fernandez, No. 19-15044 ((11th Cir. Unpub. Dec.)(August 22, 2022)Fernandez involves 18 U.S.C. 201(b)(2)(C) which prohibits public officials from taking bribes. Mr. Fernandez challenges the district court's jury instruction on "official duties," the admission of federal regulations, prosecutor arguments, the sufficiency of the evidence and the reasonableness of his sentence.

Case #7 - USA v. Harack, No. 21-11771 (11th Cir. Unpub. Dec.)(August 25, 2022)Ms. Harack appeals the district court's 180 month sentence, which was above the guidelines and the denial of her motion for a continuance.

Case #8 - USA v. Haynes, Jr., No. 19-12335 (11th Cir. Unpub. Dec.)(August 24, 2022)Mr. Haynes argues on appeal that the district court erred in sentencing him as an Armed Career Criminal and that his Florida Resisting with Violence conviction is not a predicate offense for ACCA and that the trial court erred in treating two 2001 drug convictions as two separate ACCA predicate offenses.

Case #9 - USA v. Kim, No. 21-12406 (11th Cir. Unpub. Dec.)(August 24, 2022)Mr. Kim argues that the U.S. committed Brady and Giglio violations.

Case #10 - USA v. Plummer, No. 21-13648 (11th Cir. Unpub. Dec.)(August 26, 2022)Mr. Plummer argues that his sentence was procedurally and substantively unreasonable.

Case #11 - USA v. Taylor, No. 22-11745 (11th Cir. Unpub. Dec.)(August 22, 2022)Taylor involves the Fugitive Disentitlement Doctrine where a defendant appeals while absconding.