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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

Roberto Janero, Appellant, vs. The State of Florida, Appellee.

Posted on January 19, 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed January 19, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-3098 Lower Tribunal Nos. 06-14287(A), 04-5333, 04-9021(A), 05-35116 ________________ Roberto Janero, Appellant, vs...

LEROY MACKEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-527

Posted on January 19, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 LEROY MACKEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-527 [January 19, 2011] GERBER, J. The defendant appeals his first-degree murder conviction. He argues that the trial court erred by: (1) denying his motion in limine to prohibit the state from [...

2D07-4907 / Penn v. State

Posted on January 14, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT LATHESIA PENN, ) ) Appellant, ) ) v. ) Case No. 2D07-4907 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 14, 2011...

2D09-1734 / Caldwell, IV. v. State

Posted on January 14, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WILLIAM HENRY CALDWELL, IV, ) ) Appellant, ) ) v. ) Case No. 2D09-1734 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed January 14, 2011...

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2D09-4516 / State v. Herc

Posted on January 14, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, ) ) Appellant, ) ) v. ) Case No. 2D09-4516 ) TERRY HERC, RICKY HERC, and ) JACOB HERC, ) ) Appellee...

2D09-4649 / Ortiz v. State

Posted on January 14, 2011
IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA January 14, 2011 JULIO ORTIZ, ) ) Appellant, ) ) v. ) Case No. 2D09-4649 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) BY ORDER OF THE COURT: On the court’s own motion, the opinion issued December 15, 2010, is withdrawn and the attached opinion [...

2D09-4978 / Ford v. State

Posted on January 14, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KENNETH FORD, ) ) Appellant, ) ) v. ) Case No. 2D09-4978 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 14, 2011...

2D10-2395 / M.W. v. State

Posted on January 14, 2011
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT M.W., ) ) Appellant, ) ) v. ) Case No. 2D10-2395 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed January 14, 2011...

10-2490 M.M., A CHILD, v. STATE OF FLORIDA

Posted on January 13, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA M. M., A CHILD, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D10-2490 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 13, 2011...

10-4087 JESSIE LEON WILLIAMS, v. STATE OF FLORIDA

Posted on January 13, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JESSIE LEON WILLIAMS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D10-4087 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 13, 2011...

10-4955 RAYMOND L. LEWIS, v. STATE OF FLORIDA

Posted on January 13, 2011
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RAYMOND L. LEWIS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D10-4955 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed January 13, 2011...

IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE.

Posted on January 13, 2011
Supreme Court of Florida ____________ No. SC10-190 ____________ IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE. [January 13, 2011] PER CURIAM. We have for consideration the regular-cycle report filed by the Florida Bar Code and Rules of Evidence Committee (Committee) concerning recent legislative changes to the Florida Evidence Code (Evidence Code)...

KRISTOPHER FROTTEN, Appellant, v. STATE OF FLORIDA, Appellee

Posted on January 12, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 KRISTOPHER FROTTEN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-4077 [January 12, 2011] PER CURIAM. We affirm appellant?s sentence of four years in prison. Because appellant?s sentence was based on the type and seriousness of the crimes committed and was not [...

FREDDIE RUIZ, Appellant, v. STATE OF FLORIDA, Appellee

Posted on January 12, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 FREDDIE RUIZ, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-1544 [January 12, 2011] GROSS, C.J. This case is a paradigm for a type of case that is common in our courts, where ?consent? to a search is found under objectively questionable [...

ANTHONY J. STOKES, Appellant, v. STATE OF FLORIDA, Appellee

Posted on January 12, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ANTHONY J. STOKES, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-93 [January 12, 2011] PER CURIAM. In the circuit court, the state?s response to a pro se emergency petition for writ of habeas corpus included a request for the issuance of [...

SAMMY L. EDWARDS, Appellant, v. STATE OF FLORIDA, Appellee

Posted on January 12, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 SAMMY L. EDWARDS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D10-685 [January 12, 2011] PER CURIAM. Affirmed. See Gusow v. State, 6 So. 3d 399, 705 (Fla. 4th DCA 2009)...

EDWIN G. BUSS, Secretary, Florida Department of Corrections, Appellant, v. ROBERT EDWIN REICHMAN, a/k/a ROBERT ALEXANDER WILSON, a/k/a ROBERT EDWARD STILLMAN, a/k/a EDWARD STILLMAN, Appellee

Posted on January 12, 2011
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 EDWIN G. BUSS, Secretary, Florida Department of Corrections, Appellant, v. ROBERT EDWIN REICHMAN, a/k/a ROBERT ALEXANDER WILSON, a/k/a ROBERT EDWARD STILLMAN, a/k/a EDWARD STILLMAN, Appellee...

F.C., a juvenile, Appellant, vs. The State of Florida, Appellee

Posted on January 12, 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed January 12, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-301 Lower Tribunal No. 09-922 ________________ F.C., a juvenile, Appellant, vs...

J.L., a juvenile, Appellant, vs. The State of Florida, Appellee

Posted on January 12, 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed January 12, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-1282 Lower Tribunal No. 09-5981 ________________ J.L., a juvenile, Appellant, vs...

The State of Florida, Appellant, vs. Dieter Schmidt, Appellee

Posted on January 12, 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed January 12, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-2509 Lower Tribunal No. 79-19758 ________________ The State of Florida, Appellant, vs...

The State of Florida, Appellant, vs. Dudley Cohn, Appellee

Posted on January 12, 2011
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed January 12, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-822 Lower Tribunal No. 04-9451 ________________ The State of Florida, Appellant, vs...

STATE OF FLORIDA, Appellant, v. DANIEL L. MURRAY AND JAMES L. BRINK, Appellee. Case No. 5D10-1376

Posted on January 07, 2011
STATE OF FLORIDA, Appellant, v. DANIEL L. MURRAY AND JAMES L. BRINK, Appellee. Case No. 5D10-1376 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. JULY TERM 2010 Filed: January 7, 2011 Appeal from the Circuit Court for Marion County, Willard Pope, Judge...

STATE OF FLORIDA, Appellant, v. JAYSON WHITESIDE, Appellee. Case No. 2D10-339

Posted on January 07, 2011
STATE OF FLORIDA, Appellant, v. JAYSON WHITESIDE, Appellee. Case No. 2D10-339 DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT. Filed: January 7, 2011 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARINGMOTION AND, IF FILED, DETERMINED Appeal from the Circuit Court for Pinellas County; Phillip J...

WILLIAM T. MCLEOD, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-3372

Posted on January 07, 2011
WILLIAM T. MCLEOD, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-3372 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. JULY TERM 2010 Filed: January 7, 2011 3.800 Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge...

ROBERT ROY SPEER, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-1080

Posted on January 07, 2011
ROBERT ROY SPEER, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D10-1080 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. JULY TERM 2010 Filed: January 7, 2011 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge...

RASHAD S. LEE, Appellant, v. STATE OF FLORIDA Appellee. Case No. 2D10-2400

Posted on January 07, 2011
RASHAD S. LEE, Appellant, v. STATE OF FLORIDA Appellee. Case No. 2D10-2400 DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT. Filed: January 7, 2011 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARINGMOTION AND, IF FILED, DETERMINED Appeal pursuant to Fla...

RODNEY G. WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D10-1201

Posted on January 07, 2011
RODNEY G. WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D10-1201 DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT. Filed: January 7, 2011 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARINGMOTION AND, IF FILED, DETERMINED Appeal pursuant to Fla...

EDUARDO VAZQUEZ, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D10-2641

Posted on January 07, 2011
EDUARDO VAZQUEZ, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D10-2641 DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT. Filed: January 7, 2011 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARINGMOTION AND, IF FILED, DETERMINED Appeal pursuant to Fla...

LEONARDO FRANQUI, Appellant, v. STATE OF FLORIDA, Appellee. No. SC05-830

Posted on January 06, 2011
LEONARDO FRANQUI, Appellant, v. STATE OF FLORIDA, Appellee. No. SC05-830 Supreme Court of Florida January 6, 2011 PER CURIAM. Leonardo Franqui appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3...

JOHN TROY, Appellant, v. STATE OF FLORIDA, Appellee. No. SC09-526

Posted on January 06, 2011
JOHN TROY, Appellant, v. STATE OF FLORIDA, Appellee. No. SC09-526 Supreme Court of Florida January 6, 2011 PER CURIAM. John Troy appeals an order of the circuit court summarily denying his first postconviction motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3...

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