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The "Cite" of the Crime

Author: Jeremy Lasnetski

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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.
44 Episodes
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OVERVIEW10 cases1 published decisions9 unpublished decisionsCase #1 - United States v. Jackson, No. 19-11955 (11th Cir. Pub.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.)(February 1, 2023)Case #6 - United States v. Grow, No. 21-12268 (11th Cir. Unpub. Dec.)(February 2, 2023)Case #7 - United States v. Howard, No. 21-11101 (11th Cir. Unpub. Dec.)(January 30, 2023)Case #8 - United States v. Moore, No. 21-14210 (11th Cir. Unpub. Dec.)(February 1, 2023)Case #9 - United States v. Perez, No. 21-14469 (11th Cir. Unpub. Dec.)(February 2, 2023)Case #10 - United States v. Wells, No. 22-13103 (11th Cir. Unpub. Dec.)(February 1, 2023)
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. 6D23-1217 (Fla. 6th DCA)(February 3, 2023)Case #6 - Jefferson v. State, No. 6D23-1208 (Fla. 6th DCA)(February 3, 2023)PD Appeal Conflict CaseFarmer v. State, No. 1D22-3273 (Fla. 1st DCA)(February 1, 2023)
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.)(January 23, 2023)Procedural and Substantive Reasonableness of the SentenceUnited States v. Rena, No. 22-11871 (11th Cir. Unpub. Dec.)(January 31, 2023)United States v. Walker, No. 20-13984 (11th Cir. Unpub. Dec.)(January 23, 2023)Compassionate ReleaseUnited States v. Pierre, No. 22-10747 (11th Cir. Unpub. Dec.)(January 23, 2023)United States v. Lorfils, No. 21-12177 (11th Cir. Unpub. Dec.)(January 23, 2023)United States v. Ortiz, No. 22-10293 (11th Cir. Unpub. Dec.)(January 23, 2023)Anders BriefUnited States v. Harris, No. 22-11517 (11th Cir. Unpub. Dec.)(January 23, 2023)MiscellaneousShevgert v. United States, No. 21-12135 (11th Cir. Unpub. Dec.)(January 24, 2023)United States v. Jones, Jr., No. 22-13702 (11th Cir. Unpub. Dec.)(January 31, 2023)United States v. Lewis, No. 22-12016 (11th Cir. Unpub. Dec.)(January 24, 2023)United States v. Pugh, No. 19-13732 (11th Cir. Unpub. Dec.)(January 31, 2023)United States v. Williams, No. 22-11208 (11th Cir. Unpub. Dec.)(January 26, 2023)
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 - Holmes v. State, No. 3D22-1363 (Fla. 3rd DCA)(January 25, 2023)Case #6 - Randolph v. State, No. 4D21-3052 (Fla. 4th DCA)(January 25, 2023)Carballo v. State, No. 3D21-1583 (Fla. 3rd DCA)(January 25, 2023)On motion for rehearing denied.Covered in Episode #31, Case #19
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 (11th Cir. Unpub. Dec.)(January 20, 2023)Case #06 - United States v. Farrelly, No. 21-11413 (11th Cir. Unpub. Dec.)(January 17, 2023)Case #07 - United States v. Garza, No. 21-13294 (11th Cir. Unpub. Dec.)(January 17, 2023)Case #08 - United States v. Lane, No. 19-13197 (11th Cir. Unpub. Dec.)(January 20, 2023)Case #09 - United States v. Quijada-Moreno, No. 21-13788 (11th Cir. Unpub. Dec.)(January 18, 2023)Case #10 - Watson v. United States, No. 20-14698 (11th Cir. Unpub. Dec.)(January 17, 2023)Case #11 -United States v. Yliniemi, No. 20-12287 (11th Cir. Unpub. Dec.)(January 18, 2023)Compassionate Release United States v. Belidor, No. 22-11906 (11th Cir. Unpub. Dec.)(January 18, 2023)United States v. Bradford, No. 21-13721 (11th Cir. Unpub. Dec.)(January 20, 2023)United States v. Castro, No. 22-12329 (11th Cir. Unpub. Dec.)(January 20, 2023)United States v. Granados, No. 22-11762 (11th Cir. Unpub. Dec.)(January 17, 2023)Procedural and Substantive Reasonableness United States v. Griffin, No. 21-12727 (11th Cir. Unpub. Dec.)(January 18, 2023)United States v. Robinson, No. 21-10429 (11th Cir. Unpub. Dec.)(January 17, 2023)MiscellaneousUnited States v. Goins, No. 22-13090 (11th Cir. Unpub. Dec.)(January 18, 2023)United States v. Williams, No. 22-11490 (11th Cir. Unpub. Dec.)(January 17, 2023)
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)(January 20, 2023)Case #03 - Walker v. State, No. 2D21-2675 (Fla. 2nd DCA)(January 20, 2023)Case #04 - Arnold v. State, No. 3D21-1012 (Fla. 3rd DCA)(January 18, 2023)Case #05 - Otero-Rosario v. State, No. 3D22-0868 (Fla. 3rd DCA)(January 18, 2023)Case #06 - Korets v. State, No. 4D22-828 (Fla. 4th DCA)(January 18, 2023)Case #07 - Sibrun v. State, No. 4D19-1629 (Fla. 4th DCA)(January 18, 2023)Case #08 - Bowen v. State, No. 5D22-1546 (Fla. 5th DCA)(January 20, 2023)
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. 21-14514 (11th Cir. Pub. Dec.)(January 10, 2022)Case # 6 - United States v. Madden, No. 21-13697 (11th Cir. Unpub. Dec.)(January 13, 2023)Case #7 -  United States v. Miller, No. 20-10194 (11th Cir. Unpub. Dec.)(January 11, 2023)Procedural and Substantive Reasonableness of the Sentence CasesUnited States v. Burns, No. 22-10195 (11th Cir. Unpub. Dec.)(January 9, 2023)United States v. Rivera, No. 21-12768 (11th Cir. Unpub. Dec.)(January 9, 2023)Anders Brief CasesUnited States v. Adams, No. 22-11498 (11th Cir. Unpub. Dec.)(January 11, 2023)United States v. Hill, No. 21-12296 (11th Cir. Unpub. Dec.)(January 9, 2023)Compassionate Release CasesUnited States v. Callaway, No. 22-11161 (11th Cir. Unpub. Dec.)(January 11, 2023)MiscellaneousUnited States v. Delaosa, No. 21-13795 (11th Cir. Unpub. Dec.)(January 12, 2023)United States v. Townsend, No. 22-12786 (11th Cir. Unpub. Dec.)(January 12, 2023)
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 CasesDickerson v. United States, No. 21-14226 (11th Cir. Unpub. Dec.)(December 14, 2022)Samson v. United States, No. 19-11048 (11th Cir. Unpub. Dec.)(December 14, 2022)Anders Brief CasesUnited States v. Brenson, No. 22-11680 (11th Cir. Unpub. Dec.)(Dec. 16, 2022)United States v. Gifford, No. 22-11497 (11th Cir. Unpub. Dec.)(December 14, 2022)United States v. Martinez Urbina, No. 22-11444 (11th Cir. Unpub. Dec.)(December 12, 2022)United States v. Vargas, No. 22-11807 (11th Cir. Unpub. Dec.)(December 12, 2022) 
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 DCA.Case #3 - Hamilton v. State, No. 1D21-2532 (Fla. 1st DCA)(December 12, 2022) - 7:21Hamilton is alleged improper prosecutor comments and burden shifting case out of Walton County. Case #4 - Little v. Gualtieri, No. 2D22-2613 (Fla. 2nd DCA)(Dec. 16, 2022) - 10:32Little is a petition for writ of habeas corpus case out of Pinellas County involving detention after revocation of a pretrial release order. Case #5 - Phillips v. State, No. 2D22-758 (Fla. 2nd DCA)(December 15, 2022) - 13:06Phillips is an increase of sentence during resentencing case out of Hardee County. Case #6 - State v. Anderson, No. 4D22-171 (Fla. 4th DCA)(December 14, 2022) - 17:03Anderson is a downward departure case out of Broward County. 
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. 21-14295 (11th Cir. Unpub. Dec.)(December 5, 2022)United States v. White, No. 22-10027 (11th Cir. Unpub. Dec.)(December 5, 2022)Reasonableness of the Sentence CasesUnited States v. Lopez-Garza, NO. 22-10501 (11th Cir. Unpub. Dec.)(December 7, 2022)Misc. United States v. Oduardo-Suarez, No. 22-10394 (11th Cir. Unpub. Dec.)(December 7, 2022)United States v. Beck, No. 21-14298 (11th Cir. Unpub. Dec.)(December 5, 2022)United States v. Brannon, No. 22-11029 (11th Cir. Unpub. Dec.)(December 5, 2022)United States v. Brown, No. 22-10624 (11th Cir. Unpub. Dec.)(December 5, 2022)United States v. Paige, No. 21-13920 (11th Cir. Unpub. Dec.)(December 6, 2022)
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, 2022) - 6:48Williams is a 3.850  “comment on a defendant’s right to remain silent” case out of Nassau County. Case #4 - Cabrera v. State, No. 2D22-1378 (Fla. 2nd DCA)(December 7, 2022) - 9:12Cabrera is a 3.800(a) motion to correct illegal sentence case out of Manatee County involving 10-20-Life. Case #5 - Roberts v. State, No. 2D21-2139 (Fla. 2nd DCA)(December 7, 2022) - 11:16Roberts is a waiver of a jury trial case out of Hillsborough County. Case #6 - Rubright v. State, No. 2D22-2008 (Fla. 2nd DCA)(December 7, 2022) - 12:53Rubright is a 3.850 case out of Pinellas County involving failure to instruct the client on PRR consequences resulting in rejection of a plea offer. Case #7 - Wagner v. State, No. 4D21-3387 (Fla. 4th DCA)(December 7, 2022) 16:26Wagner is a fellow officer rule, lawfulness of the DUI stop case out of Broward County. 
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 States involving a doctor charged with distributing controlled substances.Case #3 - United States v. Noda, No. 21-13899 (11th Cir. Unpub. Dec.)(November 29, 2022) - 21:31Noda is a 6th amendment Confrontation Clause case involving Zoom testimony.Case #4 - United States v. Vedrine, No. 20-13259 (11th Cir. Unpub.)(November 29, 2022) - 26:10Vedrine is a search warrant suppression of evidence case involving delay. Case #5 - United States v. Yauger, Jr., No. 21-13099 (11th Cir. Unpub. Dec.)(November 28, 2022) -32:12Yauger is an upward variance challenge to the guidelines calculation case. MiscellaneousUnited States v. Guffie, No. 22-10874 (11th Cir. Unpub. Dec.)(November 29, 2022)United States v. Gelin, No. 22-10354 (11th Cir. Unpub. Dec.) (November 30, 2022)Compassionate ReleaseUnited States v. Fields, No. 19-13927 (11th Cir. Unpub. Dec.)(November 29, 2022)United States v. Johnson, No. 21-12629 (11th Cir. Unpub. Dec.)(November 28, 2022)
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 #11 - Neer v. State - 27:50 Case #12 - Meinecke v. State - 32:02Case #13 - Murphy v. State - 38:52 Case #14 - State v. Hall - 43:47 Case #15 - State v. Jesus - 46:07 Case #16 - Stephens v. State- 47:56 Case #17 - Thomas v. State- 51:03 Case #18 - Thompson v. State- 54:41 3rd DCA Case #19 - Carballo v. State- 55:50 4th DCACase #20 - Bennett v. State - 57:57 5th DCACase #21 - Stridiron v. State - 1:01:43
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 (11th Cir. Unpub. Dec.)Andrew is a Drug Quantity table calculation case. Case #4 - United States v. Magloire (11th Cir. Unpub. Dec.)Magloire is a supervised release revocation case. Case #5 - United States v. Mediko, et al., (11th Cir. Unpub. Dec.)Mediko is a three defendant appeal from a fraud trial conviction. Case #6 - United States v. Santiago Rivera (11th Cir. Unpub. Dec.)Rivera is a 6th Amendment Confrontation Clause case. Case #7 - United States v. Sims (11th Cir. Unpub. Dec.)Sims is a 922(g) possession of a firearm by a convicted felon 404(b) case. Case #8 -  United States v. Thomas (11th Cir. Unpub. Dec.)Thomas is a fraud loss calculation and aggravating role case. Misc.  Hammoud v. United States (11th Cir. Unpub. Dec.)Montsdeoca v. United States (11th Cir. Unpub. Dec.)United States v. Mendoza, (11th Cir. Unpub. Dec.)United States v. Owens (11th Cir. Unpub. Dec.)Reasonableness of the SentenceUnited States v. Anchico-Jimenez (11th Cir. Unpub. Dec.)United States v. Frazier, (11th Cir. Unpub. Dec.)United States v. Johnson (11th Cir. Unpub. Dec.)Compassionate ReleaseUnited States v. Burgess (11th Cir. Unpub. Dec.)
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 (Fla. 1st DCA)(November 23, 2022) - 16:28Stevens is a child sex case out of Santa Rose County where the child victim repudiated out of court statements.Case #4 - Terry v. State (Fla. 1st DCA)(November 23, 2022) - 22:50Terry is a preservation of a jury selection cause challenge case out of Duval county.Case #5 - Thomas v. State (Fla. 1st DCA)(November 22, 2022) - 24:18Thomas is a murder case with several issues out of Duval County.Case #6 - Tyson v. State (Fla. 1st DCA)(November 23, 2022) - 33:12Tyson is an exceeding the scope of a search warrant case out of Escambia County.Case #7 - State v. Williams (Fla. 2nd DCA)(November 23, 2022) - 37:52Williams is a withhold of adjudication on a fleeing case out of Sarasota County.Case #8 - Mays & Smith v. State (Fla. 3rd DCA)(November 23, 2022) - 39:01Mays & Smith is a consolidated appeal from two defendants on an attempted murder case involving a race neutral juror strike out of Miami-Dade County.Case #9 - McClenney v. State (Fla. 3rd DCA)(November 23, 2022) - 42:37McClenney is a summary denial of a 3.850 motion case out of Miami-Dade County.Case #10 - Barker v. State (Fla. 4th DCA)(November 23, 2022) - 44:54Barker is a restitution case out of St. Lucie County.Case #11 - Goldbach v. State (Fla. 4th DCA)(November 23, 2022) - 46:45Goldbach is a golden rule violation case out of Broward County.Case #12 - State v. Janes (Fla. 5th DCA)(November 21, 2022) - 50:27Janes is a resentencing
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.)(November 16, 2022)Anamalai is a Hyde Amendment attorneys fee case.Case #2 - United States v. Cannon, No. 22-11492 (11th Cir. Unpub. Dec.)(November 17, 2022)Cannon is a §2G2.1(b)(2)(B) commission of sexual act by threats or force sentencing enhancement case.Case #3 - United States v. Fernando Crawford, No. 22-11632 (11th Cir. Unpub. Dec.)(November 16 , 2022)We have two Crawford cases today.  Fernando Crawford is a sentence appeal waiver case.Case #4 - United States v. Kent Crawford, No. 20-12309 (11th Cir. Unpub. Dec.)(November 17, 2022)Our second Crawford case is Kent Crawford, a career offender case involving crimes of violence.Case #5 - United States v. Posey, No. 21-11253 (11th Cir. Unpub. Dec.)(November 17, 2022)Posey is a Possession of a Firearm by a Convicted Felon case involving several guideline enhancements.Compassionate Release CasesUnited States v. Borrego, No. 21-13923 (11th Cir. Unpub. Dec.)(November 17, 2022)United States v. Caudle, No. 21-12643 (11th Cir. Unpub. Dec.)(November 15, 2022)United States v. Garza, No. 22-10312 (11th Cir. Unpub. Dec.)(November 16, 2022)United States v. Oviedo, No. 21-13046 (11th Cir. Unpub. Dec.)(November 17, 2022)United States v. Rolon, No. 22-10970 (11th Cir. Unpub. Dec.)(November 16, 2022)Substantive Reasonableness CasesUnited States v. Anderson, No. 22-10761 (11th Cir. Unpub. Dec.)(November 15, 2022)MiscellaneousUnited States v. Vernon, No. 22-11555(11th Cir. Unpub. Dec.)(November 16, 2022)United States v. Washington, No. 21-14039 (11th Cir. Unpub. Dec.)(November 17, 2022)
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. State (Fla. 1st DCA)Reed is a manslaughter case involving a recorded statement out of Escambia County.Case 5 -  B.P. v. State (Fla. 2nd DCA)B.P. is a juvenile restitution case out of Hillsborough County.Case #6 - Baeza v. State (Fla. 2nd DCA)Baeza is a 3.850 post-conviction relief case out of Pasco County. Case #7Bowers v. State (Fla. 2nd DCA)Bowers is a §796.07(6) prostitution civil penalty case out of Polk County.Case #8 -   State v. Lopez Garcia (Fla. 2nd DCA)Lopez Garcia is a subjective entrapment in a traveling to meet a minor case out of Sarasota County.Case #9 - Norman v. State (Fla. 2nd DCA)Norman is a summarily denied motion for clarification case out of Polk County. Case #10 - Dilver v. State (Fla. 3rd DCA)Dilver is a violation of injunction case out of Miami-Dade County. Case #11 - Godwin v. State (Fla. 4th DCA)Godwin is a summary denial of a 3.850 post-conviction relief motion case. Case #12 - Johnson v. State (Fla. 4th DCA)Johnson is a 3.850 case involving the entrapment defense out of Palm Beach County. Case #13 - Lynn v. State (Fla. 5th DCA)Lynn is a revocation of drug offender probation case out of Volusia County. 
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 pornography case. Case #5 - US v. Hardy; Simmons - 14:39Hardy & Simmons is a resentencing case on a Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence. Case #6 - US v. Lynch - 22:02Lynch is a loss amount determination case. Case #7 - US v. Morrow - 23:11Morrow is another loss amount calculation case. Case #8 - US v. Sharpe - 25:46Sharpe is a government breach of plea agreement case. Case #9 - US v. Truley - 29:00Truley is a removal of a defendant from the courtroom case. Case #10 - US v. Wimbley 33:25Wimbley is a violation of supervised release case involving §3583(h).Cases not discussed:US v. Adeniran US v. Coleman US v. Dixon US v. Garcia US v. Hamilton Jr. US v. Jean, Jr. US v. Odom US v. Okang US v. Reed US v. Tealdi US v. Valdez 
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)(November 9, 2022) - 2:43Knight is an improper comment in closing argument case out of Escambia County.Case #3 - Martin v. State, No. 1D21-2113 (Fla. 1st DCA)(November 9, 2022) - 5:35Martin is a denial of re-cross examination  and admission of a statement in body cam footage case out of Bradford County. Case #4 - McNeill v. State, No. 1D22-942 (Fla. 1st DCA)(November 9, 2022) - 8:40McNeill is a PRR and HO case out of Duval County. Case #5 - State v. Richmond, No. 1D21-1866 (Fla. 1st DCA)(November 9, 2022) - 10:01Richmond is a quashing of subpoena for medical records in a DUI case. Case #6 - Arroyave v. State, No. 2D21-3497 (Fla. 2nd DCA)(November 9, 2022) - 12:26Arroyave is a 3.850 case out of Pinellas County. Case #7 - Landrum v. State, No. 2D20-3480 (Fla. 2nd DCA)(November 9, 2022) - 14:40Landrum is a Miller/Atwell resentencing case out of Hillsborough County. Case #8 - Stroud v. State, No. 2D21-2234 (Fla. 2nd DCA)(November 9, 2022) - 17:51Stroud is a suppression of evidence case out of Pinellas County. Case #9 - Coley v. State, No. 3D21-2439 (Fla. 3rd DCA)(November 10, 2022) - 20:41Coley is a Motion withdraw plea case out of Miami-Dade County. Case #10 - State v. Demons, No. 4D22-1874 (Fla. 4th DCA)(November 9, 2022) - 21:57Demons is a notice of intent to seek the death penalty case out of Broward County. 
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