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Criminal Law

Florida Criminal Law Opinions

A forum where criminal justice professionals, teachers, and students can read and discuss recent criminal law decisions from Florida's appellate courts.
By David Edelstein, Esq.

Post Frequency: 14.6/day

Last Entry: April 01, 2011 at 12:26:55

OCTAVIUS D. WARE, Appellant, v. STATE OF FLORIDA, Appellee

IN THE DISTRICT COURT OF APPEAL

Posted on February 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ROOSEVELT LINDSAY, JR., Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ CASE NO...

IN THE DISTRICT COURT OF APPEAL

Posted on February 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BYRON LOWERY, Appellant, v. STATE OF FLORIDA, ET AL., Appellees. _____________________________/ CASE NO...

EDWARD GEORGE JONES, Petitioner, v. STATE OF FLORIDA, Respondent

Posted on February 28, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-5844 EDWARD GEORGE JONES, Petitioner, v. STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed February 28, 2011...

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RAMIRO IBARRA, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 25, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RAMIRO IBARRA, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-3955 Opinion filed February 25, 2011. Appeal from the Circuit Court for Hillsborough County; Wayne S...

BOBBY LEE EWING, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 25, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BOBBY LEE EWING, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D09-6020 Opinion filed February 25, 2011. Appeal from the Circuit Court for Polk County; James A...

JOHNNY BERNARD JACKSON, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 25, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHNNY BERNARD JACKSON, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D10-1985 Opinion filed February 25, 2011...

CLIFF VERITY, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 25, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CLIFF VERITY, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D10-2381 Opinion filed February 25, 2011. Appeal pursuant to Fla...

DAMION HAYES, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 25, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DAMION HAYES, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D10-2362 Opinion filed February 25, 2011. Appeal pursuant to Fla...

KENNETH EUGENE REEVES, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 25, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 KENNETH EUGENE REEVES, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D08-3943 Opinion filed February 25, 2011 Appeal from the Circuit Court for Orange County, Julie H...

STATE OF FLORIDA, Appellant, v. ROGER JEROME JACKSON, Appellee

Posted on February 25, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 STATE OF FLORIDA, Appellant, v. ROGER JEROME JACKSON, Appellee. CASE NO. 5D09-4382 Opinion filed February 25, 2011 Appeal from the Circuit Court for Volusia County, Joseph G...

DAVID HARRICHARAN, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 25, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 DAVID HARRICHARAN, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 5D10-102 Opinion filed February 25, 2011 3.850 Appeal from the Circuit Court for Seminole County, Debra S...

WILLIAM T. SELF, Petitioner, v. STATE OF FLORIDA, Respondent

Posted on February 25, 2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 WILLIAM T. SELF, Petitioner, v. STATE OF FLORIDA, Respondent. CASE NO. 5D10-2813 Opinion filed February 25, 2011 Petition for Writ of Prohibition, Roger J. McDonald, Respondent Judge...

J.M., a child, Petitioner, v. FRANK GARGETT, in his official capacity as Superintendant of the Manatee County Regional Juvenile Detention Center, Respondent

Posted on February 23, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT J.M., a child, Petitioner, v. FRANK GARGETT, in his official capacity as Superintendant of the Manatee County Regional Juvenile Detention Center, Respondent...

JULIO CRUZ, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 23, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 JULIO CRUZ, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-3595 [ February 23, 2011 ] PER CURIAM. In September 2009, Julio Cruz (Defendant) filed an emergency petition for writ of prohibition with this court, seeking to prohibit the Broward County circuit [...

ALAIN CUPAS, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 23, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ALAIN CUPAS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-1277 [February 23, 2011] PER CURIAM. Alain Cupas was tried by jury and convicted of three counts of lewd and lascivious molestation of a child...

DAVID J. BROOKS, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 23, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 DAVID J. BROOKS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-3756 [February 23, 2011] POLEN, J. The pro se appellant challenges the assessment of victim injury points for sexual contact...

FRANKLIN MONFISTON, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 23, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 FRANKLIN MONFISTON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-5232 [February 23, 2011] PER CURIAM. Appellant Franklin Monfiston challenges the circuit court?s order denying his motion for postconviction relief as untimely filed pursuant to Florida Rule of Criminal Procedure 3...

EMANUEL L. O?NEAL, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 23, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 EMANUEL L. O’NEAL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-167 [February 23, 2011] PER CURIAM. Emanuel L. O?Neal (Defendant) appeals an order summarily denying his rule 3...

THOMAS FLETCHER, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 23, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 THOMAS FLETCHER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-588 [February 23, 2011] PER CURIAM. Thomas Fletcher (Defendant) appeals an order summarily denying his rule 3...

TYRONE LEE CARTER, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 23, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT TYRONE LEE CARTER, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________ Case No. 2D08-2479 Opinion filed February 23, 2011...

HOMER R. FRANKLIN, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 22, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HOMER R. FRANKLIN, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D08-4394 Opinion filed February 22, 2011...

IN THE DISTRICT COURT OF APPEAL

Posted on February 22, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KIRK G. ENNO, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D09-1207 Opinion filed February 22, 2011...

JAMES CLARK, Petitioner, v. STATE OF FLORIDA, Respondent

Posted on February 22, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. JAMES CLARK, Petitioner, v. STATE OF FLORIDA, Respondent. CASE NO. 1D11-0316 Opinion filed February 22, 2011...

MICHAEL HERNANDEZ, Petitioner, vs. STATE OF FLORIDA, Respondent

Posted on February 17, 2011
Supreme Court of Florida ____________ No. SC09-2225 ____________ MICHAEL HERNANDEZ, Petitioner, vs. STATE OF FLORIDA, Respondent. [February 17, 2011] QUINCE, J. We have for review Hernandez v. State, 34 Fla. L. Weekly D2269 (Fla. 3d DCA Nov. 4, 2009), in which the Third District Court of Appeal denied an appellant?s motion to transfer his appeal [...

BRADLEY JAMES JACKSON, Petitioner, vs. STATE OF FLORIDA, Respondent

Posted on February 17, 2011
Supreme Court of Florida ____________ No. SC09-2383 ____________ BRADLEY JAMES JACKSON, Petitioner, vs. STATE OF FLORIDA, Respondent. [February 17, 2011] LABARGA, J. This case is before the Court for review of the decision of the First District Court of Appeal in State v...

THOMAS BONGE, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 16, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THOMAS BONGE, Appellant, v. STATE OF FLORIDA, Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-4789 _____________________________/ Opinion filed February 16, 2011...

D.W.G., A Child, Appellant v. State of Florida, Appellee

Posted on February 16, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA D. W. G., A CHILD, Appellant, v. STATE OF FLORIDA, Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-4547 _____________________________/ Opinion filed February 16, 2011...

TYLER C. HALE, Appellant, v. STATE OF FLORIDA, Appellee

Posted on February 16, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-5376 TYLER C. HALE, Appellant, v. STATE OF FLORIDA, Appellee. _______________________/ Opinion filed February 16, 2011...

STATE OF FLORIDA, Appellant, v. JOSEPH GARNER, Appellee

Posted on February 16, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT Case No. 2D10-582 STATE OF FLORIDA, Appellant, v. JOSEPH GARNER, Appellee. ________________________________ Opinion filed February 16, 2011...

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