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© 2024 The "Cite" of the Crime
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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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OVERVIEW10 cases1 published decisions9 unpublished decisionsCase #1 - United States v. Jackson, No. 19-11955 (11th Cir. Pub.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.)(Feb...
OVERVIEW - 5 cases0 - Florida Supreme Court Cases2 - First DCA Cases1 - Second DCA Cases0 - Third DCA Cases1 - Fourth DCA Cases0 - Fifth DCA Cases2 - Sixth DCA CasesCase #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...
OVERVIEW5 cases1 published decisions4 unpublished decisionsCase #01 - United States v. King, No. 21-12963 (11th Cir. Pub.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.)(Jan...
OVERVIEW - 6 cases 0 - Florida Supreme Court Cases1 - First DCA Cases2 - Second DCA Cases2 - Third DCA Cases2 - Fourth DCA Cases0 - Fifth DCA Cases0 - Sixth DCA CasesWRITTEN SUMMARIES HERECase #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 -...
OVERVIEW11 cases3 published decisions8 unpublished decisionsWritten Summaries HERECase #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 (11t...
OVERVIEW 0 - Florida Supreme Court Cases0 - First DCA Cases3 - Second DCA Cases0 - Third DCA Cases2 - Fourth DCA Cases1 - Fifth DCA CasesWRITTEN SUMMARIES HEREWe 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)(...
OVERVIEW7 cases3 published decisions4 unpublished decisionsWRITTEN CASE LAW SUMMARIES HERECase # 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. ...
OVERVIEW 0 - Florida Supreme Court Cases1 - First DCA Cases3 - Second DCA Cases0 - Third DCA Cases0 - Fourth DCA Cases0 - Fifth DCA Cases0 - Sixth DCA CasesWRITTEN CASE SUMMARIES HERECase #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)
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 C...
OVERVIEW - 60 - Florida Supreme Court Cases3 - First DCA Cases2 - Second DCA Cases0 - Third DCA Cases1 - Fourth DCA Cases0 - Fifth DCA CasesWritten summaries of each case here Case #1 - Byram v. State, No. 1D22-828 (Fla. 1st DCA)(December 14, 2022) - 1:02Byram 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) - 2:17Seems this was a timeliness of appeals week for the 1st D...
OVERVIEW1 case1 published decisions0 unpublished decisions8 miscellaneous cases not discussed on podcastCase # 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 ReleaseUnited States v. Ramirez, No. 21-142...
OVERVIEW - 70 - Florida Supreme Court Cases3 - First DCA Cases3 - Second DCA Cases0 - Third DCA Cases1 - Fourth DCA Cases0 - Fifth DCA CasesCase #1 - Luster v. State, No. 1D21-2902 (Fla. 1st DCA)(December 7, 2022) - 1:15Luster 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) - 3:09McLaney is a downward departure case out of Walton County. Case #3 - Williams v. State, No. 1D22-1642 (Fla. 1st DCA)(December 8...
OVERVIEW5 cases1 published decisions4 unpublished decisionsWritten Summaries HERECase #1 - United States v. Trump, No. 22-13005 (11th Cir. Pub. Dec.)(December 2, 2022) - 1:15Trump 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 Stat...
OVERVIEW - 21 Cases 4 - 1st DCA Cases14 - 2nd DCA Cases1- 3rd DCA Cases1- 4th DCA Cases1 - 5th DCA CasesRead the written summaries here1st DCACase #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 DCACase #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...
OVERVIEW8 cases1 published decisions7 unpublished decisions8 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 (11...
OVERVIEW - 120 - Florida Supreme Court Cases6 - First DCA Cases1 - Second DCA Cases2 - Third DCA Cases2 - Fourth DCA Cases1 - Fifth DCA CasesCase #1 - Edwards v. State (Fla. 1st DCA)(November 21, 2022) - 1:30Edwards is a self defense immunity case out of Alachua County.Case #2 - Spurling v. State (Fla. 1st DCA)(November 23, 2022) - 13:05Spurling 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 (F...
OVERVIEW13 cases0 published decisions5 unpublished decisions5 compassionate release cases1 substantive reasonableness of the sentence case2 miscellaneous casesBonus 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.)(N...
OVERVIEW - 132 - Florida Supreme Court Cases2 - First DCA Cases5 - Second DCA Cases1 - Third DCA Cases2 - Fourth DCA Cases1 - Fifth DCA CasesCase #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. ...
Written Summaries here.OVERVIEW10 cases0 published decisions10 unpublished decisionsCase #1 - US v. Archible - 1:19Archible is a retaliation against a federal judge case.Case #2 - US v. Berry - 6:09Berry is a suppression of evidence case. Case #3 - US v. Clark - 8:34Clark is an appeal waiver case. Case #4 - US v. Hammock - 11:57Hammock 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...
EPISODE #25 : Florida Criminal Law Update (November 7, 2022 - November 11, 2022)Written summaries here: https://www.jacksonvillecriminallawyerblog.com/2660-2/OVERVIEW - 10 Cases0 - Florida Supreme Court Cases5 - First DCA Cases3 - Second DCA Cases1 - Third DCA Cases1 - Fourth DCA Cases0 - Fifth DCA CasesCase #1 - Howard v. State, No. 1D21-3340 (Fla. 1st DCA)(November 9, 2022) - 1:22Howard is a preservation of error case out of Leon County.Case #2 - Knight v. State, No. 1D20-3016 (Fla. 1st DCA...
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