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Florida Supreme Court – Criminal Headnotes – February 1, 2018
STATE OF FLORIDA V. RONNIE J. KNIGHTON – LESSER INCLUDED OFFENSE; PENILE/VAGINAL INTERCOURSE WITH CHILD NOT “UNNATURAL” Review of Knighton v. State, 193 So. 3d 115 (Fla. 4th DCA 2016), for conflict …
- Posted on: Feb 1 2018
Florida Third District Court of Appeal – Criminal Headnotes – January 31, 2018
DEREK LORENZO JOHNSON V. STATE OF FLORIDA – INEFFECTIVE ASSISTANCE OF COUNSEL; VOLUNTARINESS OF DECISION NOT TO TESTIFY Appeal from order denying multiple motions for post-conviction relief. On appeal, the defendant …
- Posted on: Jan 31 2018
Florida Supreme Court – Criminal Headnotes – January 25, 2018
CHARLES LEE V. STATE OF FLORIDA – SENTENCING; NON-HOMICIDE JUVENILE OFFENDER; EIGHTH AMENDMENT;GRAHAM V. FLORIDA Review of the decision in Lee v. State, 130 So. 3d 707 (Fla. 2d DCA 2013), on …
- Posted on: Jan 25 2018
Florida Third District Court of Appeal – Criminal Headnotes – January 17, 2018
JUAN AGUILAR V. STATE OF FLORIDA – NONCONSENSUAL BLOOD DRAW; DOUBLE JEOPARDY Direct appeal from conviction and sentencing for DUI manslaughter, DUI causing serious bodily injury (two counts), and DUI with …
- Posted on: Jan 17 2018
What is a Withhold of Adjudication?
What is the difference between a Withhold of Adjudication and an Adjudication (Conviction)? Does it matter? Florida allows for both adjudications and withholds of adjudications after a finding of guilt …
- Posted on: Jan 3 2018
Different Ways to Resolve a Criminal Case
The first, and best way after an arrest, is a “no-action,” meaning the State Attorney’s Office has decided to not file formal charges (an “Information”) or seek an indictment in …
- Posted on: Jan 3 2018
Florida Third District Court of Appeal – Criminal Headnotes – December 27, 2017
CARLOS JOSE GARCIA V. STATE OF FLORIDA – POST-CONVICTION MOTION TO CORRECT ILLEGAL SENTENCE; HABITUAL VIOLENT FELONY OFFENDER Appeal from an order denying a post-conviction motion to correct an illegal …
- Posted on: Dec 27 2017
Florida Supreme Court – Criminal Headnotes – December 21, 2017
JOEL LEBRON V. STATE OF FLORIDA – SUPPRESSION OF POST-MIRANDA CONFESSION; REMAND FOR PENALTY PHASE POST-HURST WHERE JURY RECOMMENDATION NOT UNANIMOUS Direct appeal from conviction and sentencing for first-degree murder, attempted first-degree murder, …
- Posted on: Dec 21 2017
Florida Third District Court of Appeal – Criminal Headnotes – December 20, 2017
STEVEN BATEMAN V. STATE OF FLORIDA – CORRUPTION OF PUBLIC OFFICIAL; SUFFICIENCY OF EVIDENCE Direct appeal from an order denying in part a motion for acquittal, and cross-appeal by the …
- Posted on: Dec 20 2017
Florida Third District Court of Appeal – Criminal Headnotes – December 13, 2017
JOSEPH CHANEY V. STATE OF FLORIDA – APPEAL FROM SENTENCING FOR PROBATION VIOLATION; NOTICE OF CONDITIONS OF PROBATION; VFOSC Direct appeal from sentencing on guilty pleas to violating terms of …
- Posted on: Dec 13 2017