The "Cite" of the Crime

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OVERVIEW7 cases3 published decisions4 unpublished decisionsWRITTEN CASE LAW SUMMARIES HERECase # 1 - United States v. Moran, No. 21-12573 (11th Cir. Pub.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...