FLW Annual Index - Criminal Law

Subject Matter Index
Criminal Law

Volume 32, Issues 1 - 51
January 5, 2007 - December 21, 2007

CRIMINAL LAW

Absence of defendant--Sentencing--Resentencing in conformance with specific requirements of supreme court order 4DCA 466a; 4DCA 1141c

Absence of judge--Voir dire--Post conviction relief 3DCA 2067c

Acquittal--Judgment of--Burglary--Dwelling--Affirmative defense--Consent 4DCA 2241a

Acquittal--Judgment of--Child abuse--Pestering child about going to bathroom--Absence of evidence that repetitive requests for child to go to bathroom were done intentionally or could reasonably be expected to cause mental injury 4DCA 8a

Acquittal--Judgment of--Denial--Appeals--Preservation of issue 4DCA 118a

Acquittal--Judgment of--Escape--Arrest--Physical touching of defendant or submission to authority--Absence of evidence 4DCA 1629a; 4DCA 2164a

Acquittal--Judgment of--Grand theft--Failure to prove value of stolen property 4DCA 956a

Acquittal--Judgment of--Maintaining structure for use or sale of controlled substances--Evidence establishing only occasional use and sale of drugs by defendant but not establishing that activity took place at residence 2DCA 64a

Acquittal--Judgment of--Possession of cannabis with intent to sell--Evidence insufficient to exclude hypothesis that defendant possessed drugs exclusively for personal use 2DCA 1948a

Acquittal--Judgment of--Resisting officer without violence 5DCA 1656b

Acquittal--Judgment of--Sufficiency of evidence to rebut reasonable hypothesis of innocence SCO 201a

Acquittal--Judgment of--Trafficking in cocaine--Evidence establishing constructive possession of cocaine 4DCA 2687a

Aggravated assault on law enforcement officer--Reclassification of offense--Jury finding--Sufficiency of verdict to support reclassification 4DCA 229a

Aggravated assault with firearm--Jury instructions--Elements of offense--Use of conjunction "and/or" between codefendants' names when instructing jury on elements state was required to prove--Cure--Standard "principals" and "separate defendants" instructions also given 2DCA 2735a

Aggravated assault with firearm--Possession of firearm by convicted felon--Separate state and federal prosecutions based on same incident--Double jeopardy--Dual sovereignty 4DCA 889a

Aggravated assault with firearm--Sufficiency of evidence 5DCA 2953c

Aggravated battery--Bodily harm or permanent disfigurement--Intent--Sufficiency of evidence 2DCA 2507a

Aggravated battery--Bodily harm or permanent disfigurement--Reduction of adjudication to felony battery--Absence of evidence of intent to cause bodily harm or permanent disfigurement 2DCA 2507a

Aggravated battery--Double jeopardy--Acquittal of attempted murder charge containing lesser included offense of aggravated battery--Inconsistency of verdicts 4DCA 2683c

Aggravated battery--Double jeopardy--Acquittal of attempted murder charge containing lesser included offense of aggravated battery--Multiple criminal episodes occurring in different locations with temporal breaks 4DCA 2683c

Aggravated battery--Jury instructions--Self-defense--Forcible felony exception--Defendant not engaged in independent forcible felony--Fundamental error 2DCA 319a

Aggravated battery--Jury instructions--Self-defense--Justifiable use of non-deadly force--Conflicting instructions--New trial 4DCA 2595c

Aggravated battery--Self-defense--Justifiable use of deadly force--Victim retreating from dwelling at time deadly force was used 2DCA 2906b

Aggravated battery with deadly weapon--Bleach splashed in victim's eyes, nose, and mouth 1DCA 2717a

Aggravated battery with deadly weapon--Evidence--Prior inconsistent statements of eyewitness 5DCA 1847a

Aggravated battery with deadly weapon--Holding of deadly weapon without touching victim with it 4DCA 2938a

Aggravated battery with deadly weapon--Jury instructions--Self-defense--Forcible felony exception--Defendant not engaged in independent forcible felony 5DCA 305c

Aggravated battery with deadly weapon--Jury instructions--Touching of victim with deadly weapon in committing battery 4DCA 2938a

Aggravated battery with deadly weapon--Object not ordinarily considered a weapon--Jury issue 1DCA 2717a

Aggravated battery with firearm--Jury instructions--Justifiable and excusable homicide--Failure to give instruction--Harmless error 2DCA 748a

Aggravated battery with firearm--Jury instructions--Self-defense--Forcible felony exception--Defendant not engaged in independent forcible felony 5DCA 670a

Aggravated battery with firearm--Possession of firearm in commission of felony--Separate convictions--Double jeopardy 5DCA 670a

Aggravated battery with firearm--Reclassification of offense based on use of firearm--Use of firearm essential element of offense 2DCA 1122b

Aggravated child abuse--Caging, handcuffing or chaining child 2DCA 2680a

Aggravated manslaughter of child--Sufficiency of evidence 5DCA 1298b

Aggravated stalking--Double jeopardy--Amended information--Inclusion of events which had formed basis of stalking charge for which defendant had already been charged, convicted and sentenced 4DCA 471b

Aggravated stalking--Double jeopardy--Separate convictions for offenses arising during single course of conduct that was ongoing during pertinent time period 2DCA 609c

Aggravated stalking--Jury instructions--Defendant knowingly, willfully, maliciously and repeatedly harassing victim--Definition of "maliciously" 4DCA 824a

Aggravated stalking--Jury instructions--Standard instruction--Amendment SCO 113a

Aggravated stalking--Stalking--Separate convictions based on same actions 4DCA 471b

Ammunition--Possession by convicted felon--Constructive possession--Firearm and ammunition found in borrowed vehicle jointly occupied by defendant and passenger 2DCA 1856a

Appeals--Anders appeal--Failure of defendant to file brief--Effect on right to assert ineffective assistance of appellate counsel 4DCA 112a

Appeals--Appeal by state--Non-final orders of county court--Appeal to district court--Constitutionality of statute SCO 23a

Appeals--Appeal by state--Order denying motion to suppress identification testimony 2DCA 931a

Appeals--Argument--Sustaining of prosecutor's objection to defense counsel's closing comments that victim of lewd and lascivious molestation must have had some experience with cocaine--Preservation of issue 4DCA 1540a

Appeals--Belated 1DCA 1177a

Appeals--Belated--Failure of counsel to file notice of appeal despite request to do so--Untimely request 1DCA 1809d

Appeals--Belated--Failure of trial court to discharge duty of advising defendant who entered no contest plea concerning his appellate rights 1DCA 1695b

Appeals--Belated--Ineffective assistance of appellate counsel--Waiver of claim--Failure to file brief in Anders appeal 4DCA 112a

Appeals--Belated--Letter to circuit judge--Treatment as timely notice of appeal 1DCA 293b

Appeals--Belated--Order denying motion for post conviction relief 1DCA 1501d

Appeals--Belated--Order dismissing motion to vacate sentence 1DCA 1501c

Appeals--Belated--Petition contending that rule 3.850 motion was timely filed but lost and never addressed by trial court--Transfer of petition to circuit court 5DCA 2399a

Appeals--Belated--Post conviction relief--Denial of motion 3DCA 2389b

Appeals--Belated--Sentencing--Correction--Denial of motion--Failure of trial court to inform defendant of right to appeal SCO 175a

Appeals--Belated--Sexually violent predators--Civil commitment--Habeas corpus 4DCA 2082b

Appeals--Belated--Sufficiency of petition 5DCA 252e; 5DCA 2337a

Appeals--Belated--Timely mailing of letter to counsel requesting filing of notice of appeal 1DCA 292b

Appeals--Bookmaking--Multiple convictions--Intent--Sufficiency of evidence--Preservation of issue 2DCA 1564a

Appeals--Certiorari--Circuit court review of county court order--Three-judge panel--Necessity--Three-judge panel required by express administrative rule 4DCA 80c

Appeals--Certiorari--District court review of circuit appellate decision reversing county order--Applicable standard of appellate review 4DCA 2334c

Appeals--Certiorari--Petition by state--Order denying motion to suppress identification testimony 2DCA 931a

Appeals--Certiorari--Pretrial orders--State's petition for review--Standard of review 1DCA 681c

Appeals--Circuit court acting in appellate capacity--Jurisdiction--Motion for speedy trial discharge pending in county court--Temporary relinquishment of jurisdiction by circuit court 4DCA 2267b

Appeals--Circuit court review of county court order--Order imposing sanction on state for discovery violation--Scope of review 2DCA 65a

Appeals--Costs and fees associated with appeal from order dismissing mandamus petition--Lien on inmate trust account 1DCA 1843d

Appeals--Counsel--Ineffectiveness 4DCA 1601a; 1DCA 1755a

Appeals--Counsel--Ineffectiveness--Error apparent on face of record--Failure to request instruction that provides legal defense to undisputed facts 4DCA 2488a

Appeals--Cross-examination--Defendant--Improper cross-examination--Preservation of issue SCO 445a

Appeals--Discovery--State's failure to comply--Preservation of issue 3DCA 1383a

Appeals--Dismissal--Arguments not made at hearing on motion to dismiss 2DCA 2936c

Appeals--Double jeopardy--Fundamental error 5DCA 1656c

Appeals--Double jeopardy--Guilty plea 2DCA 1261a

Appeals--Double jeopardy--Preservation of issue--Guilty plea--Open, unbargained plea without express waiver of right to appeal double jeopardy issue 4DCA 1476a

Appeals--Double jeopardy--Prisoners--Mandamus--Denial of double jeopardy claim--Waiver of issue 1DCA 1296b

Appeals--Double jeopardy--Separate convictions for possession and sale of same quantum of drugs--Guilty plea 2DCA 1261a

Appeals--Double jeopardy--Waiver of issue--Nolo contendere plea 5DCA 1252a

Appeals--Evidence--BOLO--Contents of BOLO--Preservation of issue 4DCA 2161a

Appeals--Evidence--Collateral crimes--Sexual activity with minors--Exclusion of evidence of prior crime--State's petition for review--Standard of review 1DCA 681c

Appeals--Evidence--Exclusion--Absence of proffer--Substance of testimony apparent on face of record 1DCA 2871a

Appeals--Evidence--Exclusion--Preservation of issue--Evidence which was not proffered SCO 789b; 1DCA 2871a

Appeals--Evidence--Expert--Pursuing officer's opinion that substance allegedly dumped out of car window was cocaine--Absence of testimony regarding officer's experience with cocaine--Preservation of issue--Objection on ground that testimony was speculative 4DCA 2156c

Appeals--Evidence--Hearsay--Exceptions--Statements of coconspirator--Preservation of issue 4DCA 2267a

Appeals--Evidence--Hearsay--Probation revocation proceedings--Preservation of issue 1DCA 2678a

Appeals--Evidence--Hearsay--Statements of child victim of sexual offense--Failure to make findings required by statute--Preservation of issue 2DCA 744a; 2DCA 1067c

Appeals--Evidence--Hearsay--Testimonial out-of-court statements--Preservation of issue SCO 729a

Appeals--Evidence--Identification--Impeachment--Photograph of another person who was suspect in similar robberies--Refusal to permit defense counsel to present photograph during victim's testimony to see whether victim identified other person as robber--Preservation of issue--Absence of proffer 4DCA 1838b

Appeals--Evidence--Identification--Improper evidence--Preservation of issue 2DCA 1564a

Appeals--Evidence--Racial slur made after stabbing victim--Preservation of issue 4DCA 2683c

Appeals--Evidence--Sentencing--Death penalty--Mitigating circumstances--Co-perpetrator's unrelated prior violent act--Exclusion--Preservation of issue SCO 613a

Appeals--Evidence--Sentencing--Death penalty--Victim impact--Failure to give limiting instruction--Preservation of issue SCO 159a

Appeals--Evidence--Shifting of burden of proof--Preservation of issue 2DCA 1919c

Appeals--Evidence--Truthfulness of victim--Investigating detective's testimony--Preservation of issue 4DCA 992d

Appeals--Habeas corpus--Circuit court order denying habeas petition 5DCA 1850a

Appeals--Habeas corpus--Denial--Timeliness of appeal 4DCA 2483e

Appeals--Habeas corpus--Denial--Timeliness of appeal--Tolling of period--Motion for rehearing--Untimely motion 4DCA 2483e

Appeals--Habeas corpus--Denial of motion for relief from judgment denying habeas petition 1DCA 1370a

Appeals--Habeas corpus--Order dismissing petition--Timeliness of appeal 1DCA 339a

Appeals--Habeas corpus--Order granting or denying habeas relief 1DCA 1370a

Appeals--Judgment of acquittal--Denial--Preservation of issue 4DCA 118a

Appeals--Jurisdiction--District court--Non-final order of county court--Constitutionality of statute SCO 23a

Appeals--Jurisdiction--Supreme court--Conflict jurisdiction--Certification/acknowledgment of conflict SCO 425a

Appeals--Jurors--Challenge--Peremptory--Discrimination--Preservation of issue 4DCA 1895a

Appeals--Jurors--Challenge--Peremptory--Racial discrimination--Preservation of issue 4DCA 1021a

Appeals--Jurors--Challenge--Peremptory--Racial discrimination--Race-neutral explanation--Misstatements by prosecutor regarding juror's responses--Preservation of issue SCO 159a

Appeals--Jury--Striking of venire--Venire member's expression of opinion in voir dire--Denial of motion to strike venire--Preservation of issue 5DCA 1096c

Appeals--Jury instructions--Battery on law enforcement officer--Instruction on "bodily harm" battery where information charged only "intentional touching" battery--Fundamental error SCO 216a

Appeals--Jury instructions--Conspiracy--Existence of conspiracy and each member's participation in it--Refusal to give requested instruction 4DCA 2267a

Appeals--Jury instructions--Instruction permitting jury to convict based on acquitted conduct--Preservation of issue 4DCA 2646b

Appeals--Jury instructions--Lesser included offenses--Failure to give instruction--Preservation of issue 1DCA 2964d

Appeals--Jury instructions--Preservation of issue 1DCA 2915c

Appeals--Jury instructions--Presumption of innocence--Instruction that presumption applied to all offenses charged in indictment--Failure to instruct that presumption applied to felony murder charge which was not alleged in indictment--Waiver of issue SCO 347a

Appeals--Jury instructions--Sentencing--Death penalty--Preservation of issue SCO 347a

Appeals--Jury instructions--Uncharged offense--Harmless error--State neither arguing nor presenting evidence that defendant committed the uncharged acts 4DCA 1601a

Appeals--Jury instructions--Uncharged offense--Preservation of issue 4DCA 1601a

Appeals--Law of the case--Evidence--Collateral crimes--Prior unrelated offense--Appellate court's prior reversal of conviction on ground that evidence of prior unrelated offense was erroneously admitted 3DCA 1821c

Appeals--Law of the case--Exceptions--Manifest injustice SCO 607a

Appeals--Law of the case--Manifest injustice 3DCA 2104a

Appeals--Lesser included offenses--Appellate court's authority to order conviction on lesser included offense--All elements of lesser included offense not found by jury SCO 607a

Appeals--Mandamus--Prisoners--Costs and fees associated with petition for writ of mandamus--Lien on trust account--Issue first raised 1DCA 1126a

Appeals--Mandate--Enforcement--Order quashing lien on prisoner trust account to recover filing fees associated with mandamus petition 1DCA 1578b

Appeals--Mandate--Enforcement--Termination of release and commitment of defendant"forthwith"--Mandamus 2DCA 1518a

Appeals--Mandate--Violation--Holding that placement of lien against inmate trust account was valid although appellate mandate found that imposition of lien against account constituted departure from essential requirements of law 1DCA 1295b

Appeals--Mistrial--Denial of motion--Preservation of issue 3DCA 1996a

Appeals--Mistrial--Sleeping juror--Denial of mistrial--Absence of showing that issue was raised in trial court or that trial judge made ruling 4DCA 2267a

Appeals--Mootness--Plea agreement waiving right to appeal 3DCA 2176b

Appeals--New trial--Evidence--Shifting of burden of proof--Preservation of issue 2DCA 1919c

Appeals--Nolo contendere plea--Dispositive issues--Absence of stipulation or finding that ruling on motion to suppress was dispositive 1DCA 495e

Appeals--Nolo contendere plea--Dispositive issues--Denial of motion to suppress confession 4DCA 1599a

Appeals--Nolo contendere plea--Dispositive issues--Denial of motion to suppress defendant's statements to law enforcement 5DCA 867b

Appeals--Nolo contendere plea--Dispositive issues--Failure to reserve right to appeal dispositive issue--Double jeopardy violation 5DCA 1252a

Appeals--Nolo contendere plea--Dispositive issues--Motion to suppress 3DCA 2896a

Appeals--Nolo contendere plea--Dispositive issues--Reservation--Conversations on record nearly two months before plea entered 4DCA 1599a

Appeals--Non-final orders--Order denying motion for speedy disposition of probation violation affidavit 4DCA 1609a

Appeals--Non-final orders--Order dismissing post conviction motion without prejudice 5DCA 2493b

Appeals--Order denying defendant's pro se motion for request for permission to appeal 3DCA 835a

Appeals--Order denying defendant's pro se motion seeking ruling on motion to appeal denial of post conviction relief 3DCA 835a

Appeals--Order denying rule 3.800(c) motion 4DCA 1839c

Appeals--Plea--Dispositive issues--Denial of motion to dismiss aggravated child abuse charge based on caging of child on ground that child was chained and handcuffed, not caged--Ruling not dispositive with respect to lesser included offense of child abuse to which plea was entered 2DCA 2680a

Appeals--Plea--Dispositive issues--Motion to suppress 3DCA 2896a

Appeals--Plea--Withdrawal--Timeliness of appeal--Tolling of period--Untimely motion to withdraw plea 1DCA 2048c

Appeals--Plea--Withdrawal--Untimely motion 1DCA 2048c

Appeals--Post conviction relief--Amended motion--Denial--Premature appeal 4DCA 544d

Appeals--Post conviction relief--Denial--Belated appeal 1DCA 1501d; 3DCA 2389b

Appeals--Post conviction relief--Denial--Counsel--Anders brief 1DCA 990f

Appeals--Post conviction relief--Denial--Issues unrelated to order denying motion for post conviction relief 4DCA 284d

Appeals--Post conviction relief--Denial--Premature appeal--Disposition of less than all claims 4DCA 284d

Appeals--Post conviction relief--Denial--Timeliness of appeal 5DCA 869a; 1DCA 1123d; 3DCA 2231a

Appeals--Post conviction relief--Denial--Timeliness of appeal--Tolling of period--Motion for rehearing--Timeliness of motion--Presumption--Order which was subject of rehearing lacking date of service 1DCA 302b

Appeals--Post conviction relief--Denial of motion with leave to amend 4DCA 2781a

Appeals--Premature--Rendition of conviction and sentence suspended by timely motion to withdraw plea 4DCA 1712a

Appeals--Pro se--Defendant represented by counsel 4DCA 1684a

Appeals--Probation modification 5DCA 1981a

Appeals--Probation revocation--Evidence--Hearsay--Preservation of issue 1DCA 2678a

Appeals--Probation revocation--Inconsistency between written order and oral pronouncement--Preservation of issue 2DCA 319b

Appeals--Probation revocation--New offense--Violation not charged in affidavit--Preservation of issue 1DCA 2412a

Appeals--Probation revocation--Order--Conditions violated--Conflict with oral pronouncement--Preservation of issue 5DCA 1742c

Appeals--Probation revocation--Order--Written--Specification of conditions violated--Preservation of issue 4DCA 1239c; 4DCA 1244a

Appeals--Release pending appeal--Continuance of bond after issuance of mandate by appellate court--Authority 2DCA 1518a

Appeals--Search and seizure--Detention--Student--Lawfulness of detention--Preservation of issue--Challenge to voluntariness of consent to search on specific ground that consent resulted from mere acquiescence to authority 2DCA 1950a

Appeals--Search and seizure--Vehicle--Probable cause--Confidential informant's tip--Preservation of issue 2DCA 930a

Appeals--Sentencing--Correction--Denial--Standard of review--Rule 3.800(a) motion SCO 664a

Appeals--Sentencing--Correction--Denial--Timeliness of appeal 1DCA 2568a

Appeals--Sentencing--Correction--Denial of motion 4DCA 992e; 4DCA 2156b

Appeals--Sentencing--Correction--Denial of motion--Belated appeal--Failure of trial court to inform defendant of right to appeal SCO 175a

Appeals--Sentencing--Correction--Denial of motion--Duty of trial court to inform defendant of right to appeal denial of relief under rule 3.800(a) SCO 175a

Appeals--Sentencing--Correction--Denial of motion--Timeliness of appeal 1DCA 638a

Appeals--Sentencing--Correction--Denial of motion--Timeliness of appeal--Tolling of period--Motion for rehearing--Timeliness of motion--Presumption--Order which was subject of rehearing lacking date of service 1DCA 302b

Appeals--Sentencing--Death penalty--Jury instructions--Preservation of issue SCO 347a

Appeals--Sentencing--Discrepancy between written sentence and oral pronouncement--Preservation of issue 1DCA 1028b

Appeals--Sentencing--Due process--Testimony from victim outside presence of defense counsel--Preservation of issue 2DCA 856b

Appeals--Sentencing--Excess of plea agreement--Condition unilaterally imposed by trial court after formal acceptance of negotiated plea--Preservation of issue 2DCA 1570a

Appeals--Sentencing--Excess of statutory maximum--Preservation of issue 1DCA 330b

Appeals--Sentencing--Guidelines--Departure--Reduction of sentence--Preservation of issue 2DCA 2509a; 5DCA 2858d

Appeals--Sentencing--Guidelines--Departure--Reduction of sentence--Reasons--Failure to provide--Preservation of issue 3DCA 1510a

Appeals--Sentencing--Habitual offender--Notice to defendant--Preplea notice--Preservation of issue 2DCA 2930a

Appeals--Sentencing--In-court representations by defense counsel that sentence was acceptable 4DCA 541a

Appeals--Sentencing--Increase in legal sentence--Issue first raised 4DCA 173a

Appeals--Sentencing--Jurisdiction--Sentence imposed following no contest plea--Absence of motion to withdraw plea 4DCA 1821a

Appeals--Sentencing--Mitigation--Denial of motion 3DCA 1943a; 5DCA 2088a; 3DCA 2653a

Appeals--Sentencing--Oral pronouncement--Conformance of written sentence to oral pronouncement--Preservation of issue 5DCA 2554a

Appeals--Sentencing--Order denying rule 3.800(c) motion to mitigate sentence 3DCA 110a

Appeals--Sentencing--Probation revocation--Credit for time served--Incarcerative portion of split sentence--Preservation of issue 5DCA 1247b

Appeals--Sentencing--Reduction--Denial of motion 3DCA 1462c

Appeals--Sentencing--Vacation--Dismissal of motion--Belated appeal 1DCA 1501c

Appeals--Sexually violent predators--Civil commitment--Belated appeal--Habeas corpus 4DCA 2082b

Appeals--Silence of defendant--Evidence--Preservation of issue 4DCA 2646c

Appeals--Timeliness 2DCA 2467b

Appeals--Timeliness--Order denying motion for post conviction relief 5DCA 869a; 1DCA 1123d;

Appeals--Timeliness--Order denying motion to correct illegal sentence 1DCA 2568a

Appeals--Timeliness--Order dismissing petition for writ of habeas corpus 1DCA 339a; 4DCA 2483e

Appeals--Timeliness--Order dismissing petition for writ of habeas corpus--Tolling of period--Motion for rehearing--Untimely motion 4DCA 2483e

Appeals--Timeliness--Order to show cause why untimely appeal should not be dismissed--Unsworn response 5DCA 869a

Appeals--Timeliness--Sentencing--Correction--Denial of motion 1DCA 638a

Appeals--Timeliness--Tolling of period--Motion for clarification--Unauthorized motion 1DCA 339a

Appeals--Timeliness--Tolling of period--Motion for reconsideration of motion for rehearing--Unauthorized motion 1DCA 2568a

Appeals--Timeliness--Tolling of period--Motion for rehearing--Timeliness of motion--Presumption--Order which was subject of rehearing lacking date of service 1DCA 302b

Appeals--Timeliness--Tolling of period--Motion for rehearing--Untimely motion 1DCA 1910b; 4DCA 2483e

Appeals--Timeliness--Tolling of period--Motion to withdraw plea--Untimely motion 2DCA 373a

Appeals--Transcript--Absence--Transcript of state's closing argument--New trial--Prejudice 3DCA 1510b

Appeals--Transcript--Digital recording and transcription--Problems arising from shift away from using trained professional court reporters to use of less costly digital recording and transcription 2DCA 655c

Appeals--Witnesses--Confrontation--Admission of statement of unavailable confidential informant--Preservation of issue 4DCA 590a

Argument--Closing--Jury instructions--Standard--Amendment SCO 530a

Argument--Closing--Order of closing 4DCA 2874c; 2DCA 2906a

Argument--Closing--Order of closing--Adult criminal cases 1DCA 1929a; 1DCA 2406b

Argument--Closing--Order of closing--Applicable law 1DCA 2406b

Argument--Closing--Order of closing--Juvenile cases 1DCA 1929a

Argument--Closing--State's entitlement to opening and concluding argument--Amendment to rules of procedure SCO 182c

Argument--Comment that detective and sergeant would not risk their careers to frame defendant 3DCA 241b

Argument--Comparisons to O.J. Simpson case 5DCA 483a

Argument--Contents of BOLO relating to uncharged and highly prejudicial conduct 4DCA 2161a

Argument--Credibility of minor victim of sexual offense--Bolstering 5DCA 483a

Argument--Fair response to defense argument that state had presented only one eyewitness although a large number of people were present at scene of crime 3DCA 2375a

Argument--Informant's lack of motive to lie--Response to defense argument 5DCA 1978a

Argument--Opening statement--Concession of guilt SCO 427a

Argument--Opening statement--Reference to defenses not recognized in Florida law SCO 427a

Argument--Opening statement--Reference to testimony that would come from witness who did not subsequently testify 3DCA 24a

Argument--Personal attack on defense counsel 5DCA 1850c

Argument--Prosecutor's appeal to sympathy of jury--Remarks meant to convey that even if jury did not like victim, it should apply law to case and find defendant guilty 4DCA 1596a

Argument--Prosecutor's comments on defense strategy of impeaching victim's identification of defendants--Defense counsel not attacking or denigrating victim 4DCA 2112b

Argument--Prosecutor's comments regarding fingerprint evidence--Fair comment on controverted evidence 4DCA 1818b

Argument--Prosecutor's comments regarding fingerprint evidence--Prejudice 4DCA 1818b

Argument--Prosecutor's suggestion that defendant and witness agreed on and aligned their testimony--New trial 4DCA 2156c

Argument--Repeated references to defendant's masturbation in prosecution for sexual battery on child and false imprisonment 4DCA 409a

Argument--Shifting of burden of proof--New trial--Prejudice 3DCA 1510b

Argument--Statements regarding defense counsel 3DCA 1996a

Argument--Sustaining of prosecutor's objection to defense counsel's closing comments that victim of lewd and lascivious molestation must have had some experience with cocaine--Appeals--Preservation of issue 4DCA 1540a

Argument--Uncalled witness 3DCA 1592a

Argument--Victim's state of mind 3DCA 1996a

Armed burglary--Burglary of dwelling with assault or battery--Separate convictions based on single forced entry 2DCA 1377a

Armed burglary--Dagger or dirk 2DCA 1405a

Armed burglary--Evidence--Lack of remorse--Harmless error--Cumulative evidence 5DCA 2942a

Armed burglary--Home invasion robbery--Separate convictions based on single forced entry 2DCA 1377a

Armed burglary--Jury instructions--Duress--Refusal to give requested instruction--Defendant intentionally or recklessly placing himself in situation in which it was reasonably foreseeable that he would be subject to coercion 5DCA 2942a

Armed burglary--Jury instructions--Duress--Refusal to give requested instruction--Potential harm to defendant outweighed by harm caused by crimes 5DCA 2942a

Armed burglary--Jury instructions--Elements of offense--Use of conjunction "and/or" between codefendants' names when instructing jury on elements state was required to prove--Harmless error 5DCA 2942a

Armed robbery--Evidence--Circumstantial--Sufficiency of evidence to rebut reasonable hypothesis of innocence 3DCA 381c

Armed robbery--Principal--Evidence--Circumstantial--Evidence that defendant watched his cousin commit robbery, drove getaway car, and fled from police in high speed chase 4DCA 1464d

Armed robbery--Separate convictions--Offenses occurring during single criminal episode--Double jeopardy--Post conviction relief 2DCA 2912b

Armed robbery with firearm--Evidence--Identification 2DCA 2668b

Arraignment--Blanket policy requiring all defendants and counsel to appear at arraignment 2DCA 360a

Arraignment--Failure to appear--Revocation of pretrial release--Defendant who had filed written plea of not guilty 2DCA 360a

Arrest--De facto--Handcuffing of detainee and placing him into back of patrol car--Reasonable concern for officer safety--Totality of circumstances 4DCA 933b; 4DCA 1352c

Arrest--Loitering and prowling 4DCA 1348b

Arrest--Misidentification of defendant as person named in arrest warrant--Reasonableness 4DCA 1289a

Arrest--Officers beginning takedown, announcing that defendant was under arrest, and attempting to handcuff defendant 2DCA 2097b

Arrest--Ordering defendant to exit vehicle and handcuffing him 2DCA 2100a

Arrest--Physical touching of defendant or submission to authority 4DCA 1629a; 4DCA 2164a

Arrest--Probable cause--Belief that defendant was violating probation by being present in area where drugs were unlawfully sold, dispensed, or used--Absence of evidence that defendant knew that hotel and parking lot were known as drug area 2DCA 564b

Arrest--Probable cause--Information supplied by confidential informant and monitored telephone calls between informant and defendant 2DCA 2097b

Arrest--Probable cause--Observation of transaction between defendant and men at apartment complex where there had been complaints about illegal drug transactions 2DCA 2100a

Arrest--Trespass--Probable cause 4DCA 1391b

Arson--First degree arson in institution--Jail cell--Evidence--Other crimes, wrongs or acts--Notice--Waiver of argument 4DCA 2772a

Arson--First degree arson in institution--Jail cell--Evidence--Other crimes, wrongs or acts--Similar fire in nearby cell 4DCA 2772a

Attempted burglary--Dwelling--Intent--Presumption--Attempt to enter structure stealthily--Defendant not acting in furtive or clandestine manner 2DCA 928a

Attempted felony murder--Attempted second degree murder--Separate convictions--Double jeopardy 3DCA 2063b

Attempted felony murder--Kidnapping--Separate convictions--Double jeopardy 3DCA 2063b

Attempted first degree murder with firearm--Lesser included offenses--Aggravated battery with firearms enhancement 4DCA 31a

Attempted manslaughter--Intent to kill--Sufficiency of evidence 2DCA 929a

Attempted murder--Conviction which may have been based upon theory of attempted felony murder 1DCA 190a

Attempted murder--Jury instructions--Self-defense--Forcible felony exception--Defendant not engaged in independent forcible felony--Fundamental error 4DCA 1644a

Attempted murder--Premeditation--Sufficiency of evidence 4DCA 1644a

Attempted robbery--Information--Defects--Identification of victim as manager of restaurant where robbery attempt occurred rather than as restaurant 4DCA 41b

Attempted second degree murder--Attempted felony murder--Separate convictions--Double jeopardy 3DCA 2063b

Attempted second degree murder--Evidence--Hearsay--Detective's statements to defendant post-arrest regarding alleged witnesses--Objection sustained and curative instruction given 3DCA 1224a; 3DCA 2521b

Attempted second degree murder--Evidence--Hearsay--Detective's testimony regarding consistency of statement of victim who did not appear or testify--Objection sustained and curative instruction given 3DCA 1224a; 3DCA 2521b

Attempted second degree murder--Evidence--Hearsay--Redirect questions regarding victim who did not appear or testify--Answer not permitted 3DCA 1224a;

Attempted second degree murder--Jury instructions--Lesser included offenses--Aggravated assault--Allegations of information not supporting charge of aggravated assault 2DCA 977a

Attempted second degree murder--Jury instructions--Lesser included offenses--Attempted aggravated battery 3DCA 2693a

Attempted second degree murder--Lesser included offenses--Aggravated battery--Jury finding that defendant discharged firearm and inflicted bodily injury making penalty for aggravated battery the same as that for originally charged offense SCO 158a

Attempted second degree murder--Lesser included offenses--Aggravated battery on law enforcement officer 4DCA 229a

Attempted second degree murder--Lesser included offenses--Attempted aggravated battery 3DCA 2693a

Attempted second degree murder--Principal--Victim shot by co-perpetrator during attempted armed robbery in which defendant was participant 3DCA 2002a

Attempted sexual battery--Evidence--Victim's drug use at time of incident 4DCA 602b

Attempted sexual battery on child--Lewd and lascivious conduct--Separate convictions SCO 426a

Attorney's fees--Notice of right to contest amount 2DCA 141b

Attorney's fees--Opportunity to object 2DCA 1269a; 4DCA 1292c

Attorney-client privilege--Discovery--Examination under oath provided by defendant to insurer in connection with insurer's investigation of related civil litigation 2DCA 2051a

Attorney-client privilege--Violation by state--Interception and reading of prison mail--Post conviction relief SCO 537a

Bail--Bond--Amount--Excessiveness--Possession of cocaine with intent to sell--Multiplication of scheduled $5000 per-charge amount by number of small packets of cocaine 4DCA 661c

Bail--Bond--Amount--Excessiveness--Sufficiency of evidence 1DCA 2460a

Bail--Bond--Amount--Reference solely to bond schedule without considering factors set forth in rule 4DCA 2148a

Bail--Bond--Amount--Reference solely to bond schedule without considering factors set forth in rule and statute 4DCA 985a

Bail--Bond--Cash bond--Return to defendant's mother--Refusal of clerk to comply with court order--Remedy 2DCA 2402a

Bail--Bond--Denial--Failure to appear at hearing and arraignment--Willfulness--Absence of finding 4DCA 1432a

Bail--Bond--Denial--Lack of reasonable bond conditions that could secure defendant's presence at trial--Absence of finding 4DCA 1432a

Bail--Bond--Denial--Violation of conditions of pretrial release in another case--Habeas corpus 4DCA 2358b

Bail--Bond--Excessiveness--Bond based on factors that were not legally relevant 4DCA 890b

Bail--Bond--Forfeiture--Remission--Impossibility of performance--Death of defendant--Defendant shot and killed by law enforcement 2DCA 2673a

Bail--Bond--Increase--Sua sponte increase by trial court 4DCA 1123a; 4DCA 2287a

Bail--Bond--Modification--Notice--Sua sponte increase of bond by trial court 4DCA 2287a

Bail--Bond--Revocation--Probable cause to believe that defendant had committed new offense while on pretrial release--Sufficiency of evidence 4DCA 2205a

Bail--Pretrial detention--Absence of motion by state--Habeas corpus 5DCA 184a; 4DCA 1774a; 4DCA 2110b

Bail--Pretrial detention--Amendment to rules of procedure SCO 71a

Bail--Pretrial detention--Automatic detention of defendants committing new offenses while on probation 2DCA 2132b

Bail--Pretrial detention--Hearing--Necessity--Detention following failure to appear--Willfulness 5DCA 1796b

Bail--Pretrial detention--Violation of conditions of pretrial release in another case--Defendant never booked or given pretrial release order as to other offense 3DCA 1026b

Bail--Pretrial release--Amendment to rules of procedure SCO 71a

Bail--Pretrial release--Denial--Evidence--Hearsay--Applicability of U.S. Supreme Court decision in Crawford v. Washington 1DCA 1087e

Bail--Pretrial release--Denial--Violation of conditions of pretrial release in prior case 4DCA 2075a

Bail--Pretrial release--Revocation--Habeas corpus--Jurisdiction--Petitioner detained in foreign state by order of federal district judge 1DCA 1910c

Bail--Pretrial release--Revocation of bond--Commission of new offense while on pretrial release--Probable cause--Evidentiary hearing 4DCA 1981h

Bail--Probation revocation--Sentencing judge's revocation of bail set by first appearance judge 4DCA 2493a

Bail--Release pending appeal--Denial--Fear of intended victim of solicitation to commit murder 1DCA 2651c

Bail--Release pending appeal--First time offender whose appeal is taken in good faith, who has substantial attachments to community, and whose sentence is not lengthy 1DCA 2651c

Bail--Revocation--Probation violation 4DCA 2493a

Bail--Source of funds used to post bail--Inquiry by court 4DCA 2962m

Battery--Burglary with battery--Separate convictions--Double jeopardy 4DCA 956a

Battery--Evidence--Other crimes, wrongs or bad acts--Victim's response "only when he broke in and raped me while I was unconscious" in response to prosecutor's question whether victim had any type of relationship with defendant after they broke up--Violation of pretrial order in limine--New trial 5DCA 733a

Battery--Felony--Intentional touching or striking against will of victim or intentional infliction of bodily harm--Evidence--911 call in which victim stated that defendant bit her and "took my phone and stuff" 2DCA 1617a

Battery--Felony--Intentional touching or striking against will of victim or intentional infliction of bodily harm--Evidence--Investigating officer's testimony concerning observation of victim's arm and demeanor and photograph of small bite mark on victim's arm 2DCA 1617a

Battery--Felony--Jury instructions--Justifiable use of force--Confusing and misleading instruction--Fundamental error--Instruction negating assertion of self-defense which was disputed issue at trial 2DCA 2443a

Battery--Jury instructions--Self-defense--Duty to retreat--Elimination of duty to retreat--Inconsistent instruction including language that defendant should try to "avoid the danger" before using force 4DCA 2921a

Battery--Jury instructions--Self-defense--Duty to retreat--Misstatement of law--Instruction eliminating references to "duty to retreat" but including language that defendant should try to "avoid the danger" before using force 4DCA 2921a

Battery--Robbery--Separate convictions--Double jeopardy 5DCA 2279b

Battery on law enforcement officer--Evidence--Destruction by state--Gaps in videotape--Videotape compiled from multiple tapes recorded by parking garage camera by sheriff's office technician--Originals still available, although not in usable format 4DCA 166b

Battery on law enforcement officer--Evidence--Destruction by state--Gaps in videotape--Videotape missing seconds purportedly showing that defendant never touched officer--Dismissal--Failure to consider less severe sanctions 4DCA 166b

Battery on law enforcement officer--Evidence--Destruction by state--Gaps in videotape--Videotape missing seconds purportedly showing that defendant never touched officer--Dismissal--Prosecutor contending that original tape was available, but not in usable format 4DCA 166b

Battery on law enforcement officer--Evidence--Hearsay--Contents of dispatch--Testimony by officer responding to dispatch 4DCA 544a

Battery on law enforcement officer--Jury instructions--Instruction on "bodily harm" battery where information charged only "intentional touching" battery--Fundamental error SCO 216a; SCO 710a

Battery on law enforcement officer--Jury instructions--Justifiable use of non-deadly force--Arresting officer not using excessive force in arresting defendant 1DCA 630a

Battery on law enforcement officer--Lawful execution of legal duty--Arrest/non-arrest case--Unclear circumstances 2DCA 137a

Battery on law enforcement officer--Lawful execution of legal duty--Detention of defendant appearing to meet criteria for involuntary examination under Florida Mental Health Act 5DCA 1697c

Battery on law enforcement officer--Lawful execution of legal duty--Entry onto fenced property over defendant's objections--Absence of exigent circumstances 2DCA 1615a; 2DCA 2218a

Battery on law enforcement officer--Lawful execution of legal duty--Necessity to prove SCO 72a

Battery on law enforcement officer--Lawful execution of legal duty--Non-arrest case 2DCA 2352a

Battery on law enforcement officer--Lawful execution of legal duty--Officer escorting defendant's brother from amusement park property while officer was working in off-duty capacity assisting amusement park security officers with unruly guests--Brother neither engaged in criminal activity nor refusing to comply with lawful directive at time defendant grabbed officer's arm 5DCA 2602a

Battery on law enforcement officer--Lawful execution of legal duty--Reasonable suspicion that crime was being committed when ordering defendant to stop 2DCA 2352a

Battery on law enforcement officer--Lawful execution of legal duty--Warrantless entry into yard of residence--Response to anonymous complaint about juveniles running through back yards of homes at 3:00 a.m.--Observation of suspicious circumstances in residence 2DCA 1114a

Battery on law enforcement officer--Reduction of conviction to simple battery 2DCA 1615a; 2DCA 2218a

Battery on law enforcement officer--Use of force to resist arrest--Applicability of statute prohibiting use of force to resist arrest beyond arrest scenario SCO 72a

Battery on person sixty-five years of age or older--Withholding of adjudication of guilt--Youthful offender 4DCA 2126a

Bench conferences--Failure to record--New trial--Inconsequential inaccuracies or omissions 4DCA 2683c

Bigamy--Dismissal--Failure of state attorney to appear--Appearance of assistant state attorney--Improper infringement on state's discretion to prosecute 4DCA 2595b

Bigamy--Dismissal--Failure of state attorney to appear--Improper infringement on state's discretion to prosecute 4DCA 2595b

Blood test--Evidence--Sample drawn from DUI suspect at hospital following Miranda warnings--Failure to advise of consequences of refusal 4DCA 1338a

Blood test--Evidence--Scientific reliability--Blood drawn using expired kit 4DCA 1080a

Boating under influence--Felony--Validity of vessel stop leading to discovery of BUI 4DCA 1285b; 4DCA 1784a

Bookmaking--Felony--Jurisdiction--Offshore gambling 2DCA 1564a

Bookmaking--Felony--Multiple convictions--Intent--Sufficiency of evidence--Appeals--Preservation of issue 2DCA 1564a

Bookmaking--Felony--Sufficiency of evidence 2DCA 1564a

Breath test--Evidence--Exclusion--Failure to comply with administrative rules--Opportunity to introduce breath test results through traditional evidentiary techniques--Appeals--Preservation of issue 4DCA 163a

Breath test--Evidence--Inspection and maintenance of machine--Annual inspection report--Public or business record 4DCA 931b

Breath test--Evidence--Substantial compliance with administrative rules--Inspection and maintenance of machine--Annual inspection reports--Necessity to produce--Report of "most recent required maintenance" 4DCA 2919a

Breath test--Evidence--Substantial compliance with administrative rules--Inspection and maintenance of machine--Annual inspection reports--Non-testimonial evidence 4DCA 2919a

Breath test--Evidence--Substantial compliance with administrative rules--Inspection and maintenance of machine--Use of tap water during monthly inspections 4DCA 163a

Burglary--Armed--Burglary of dwelling with assault or battery--Separate convictions based on single forced entry 2DCA 1377a

Burglary--Armed--Dagger or dirk 2DCA 1405a

Burglary--Armed--Evidence--Lack of remorse--Harmless error--Cumulative evidence 5DCA 2942a

Burglary--Armed--Home invasion robbery--Separate convictions based on single forced entry 2DCA 1377a

Burglary--Armed--Jury instructions--Duress--Refusal to give requested instruction--Defendant intentionally or recklessly placing himself in situation in which it was reasonably foreseeable that he would be subject to coercion 5DCA 2942a

Burglary--Armed--Jury instructions--Duress--Refusal to give requested instruction--Potential harm to defendant outweighed by harm caused by crimes 5DCA 2942a

Burglary--Armed--Jury instructions--Elements of offense--Use of conjunction "and/or" between codefendants' names when instructing jury on elements state was required to prove--Harmless error 5DCA 2942a

Burglary--Conveyance--Evidence--Audiotape of undercover officer's play-by-play description of crime to fellow officer as crime was taking place and of officers' communications during high-speed chase 4DCA 407a

Burglary--Conveyance--Presumption--Possession of recently stolen vehicle 4DCA 1020a

Burglary--Dwelling--Affirmative defense--Consent--Judgment of acquittal 4DCA 2241a

Burglary--Dwelling--Attempt--Intent--Presumption--Attempt to enter structure stealthily--Defendant not acting in furtive or clandestine manner 2DCA 928a

Burglary--Dwelling--Evidence--Circumstantial--Neighbor's observation of defendant walking down driveway of burglarized premises 4DCA 2158a

Burglary--Dwelling--Evidence--Female victim's testimony that defendant held gun to her head during burglary and ordered her to take clothes off, causing her to fear that she would be raped 4DCA 544c

Burglary--Dwelling--Evidence--Gloves and screwdriver in defendant's possession--Absence of connection with burglary 4DCA 1398b

Burglary--Dwelling--Evidence--Victim's testimony that he had known defendant for years, that they were best friends, and that victim knew defendant owned a gun 4DCA 544c

Burglary--Dwelling--Intent to commit criminal mischief--Sufficiency of evidence 4DCA 589a

Burglary--Dwelling--Lesser included offenses--Attempted trespass--Charging document not alleging attempt 2DCA 358a

Burglary--Dwelling--Lesser included offenses--Trespass--Evidence not demonstrating that defendant entered structure 2DCA 358a

Burglary--Impairing or impeding telephone or power to dwelling to facilitate or further burglary--Jury instructions--Standard instruction--Amendment SCO 113a

Burglary--Jury instructions--Inference arising from possession of recently stolen property--Actual/constructive possession 4DCA 232a

Burglary--Occupied structure--Another person in structure--Police officers who had set up "stake out" on premises 5DCA 2035a

Burglary--Occupied structure--Jury instructions--Human being in structure 3DCA 2106c

Burglary--Premises open to public--Office located in reception area but separate and distinct from reception desk 4DCA 956a

Burglary--Unoccupied dwelling--Entry of dwelling--Evidence--Standard fingerprint card 3DCA 1592a

Burglary of conveyance with assault or battery--Multiple convictions--Single entry--Double jeopardy 4DCA 2425a; 4DCA 2877a

Burglary of dwelling with assault or battery--Armed burglary--Separate convictions based on single forced entry 2DCA 1377a

Burglary of dwelling with assault or battery--Home invasion robbery--Separate convictions based on single forced entry 2DCA 1377a

Burglary with battery--Battery--Separate convictions--Double jeopardy 4DCA 956a

Burglary with battery--Evidence--Offer of cocaine to victim prior to making sexual advances 4DCA 1540a

Carjacking--Evidence--Hearsay--Police report containing victim's affidavit recounting details of carjacking 4DCA 651a

Carjacking--Force, violence, assault or putting in fear during course of taking of vehicle--Victim unaware of taking of vehicle 3DCA 1633a

Carjacking--Robbery--Separate convictions--Victim robbed of property in addition to vehicle 2DCA 2863c

Carrying concealed firearm--Accessibility--Firearm on passenger's seat next to defendant 4DCA 2825a

Carrying concealed firearm--Concealment--Firearm covered by bouquet of roses on passenger seat next to defendant 4DCA 2825a

Carrying concealed firearm--Firearm on passenger's seat next to defendant and covered by bouquet of roses--Accessibility and concealment 4DCA 2825a

Carrying concealed firearm--Sufficiency of evidence 3DCA 2481b

Charging document--Statutory reference--Error 3DCA 2935b

Child abuse--Aggravated--Caging, handcuffing or chaining child 2DCA 2680a

Child abuse--Defenses--Corporal punishment by parent 2DCA 794a

Child abuse--Evidence--Sufficiency--Mother claiming beating was legitimate corporal punishment 2DCA 794a

Child abuse--False report--Dismissal--Defendant's identity revealed by Department of Children and Family Services in violation of right to confidentiality 5DCA 2283a

Child abuse--Felony--Corporal punishment by parent--Reasonableness--Kicking child while child was on ground 1DCA 1205a

Child abuse--Pestering child about going to bathroom--Absence of evidence that repetitive requests for child to go to bathroom were done intentionally or could reasonably be expected to cause mental injury--Judgment of acquittal 4DCA 8a

Child abuse--Sufficiency of evidence 5DCA 1298b

Child pornography--Producing, directing or promoting photograph or representation that included sexual conduct of child--Constitutionality of statute as applied to juvenile who photographed her own sexual acts with juvenile boyfriend, the photographs of which were not distributed to third parties 1DCA 243a

Child pornography--Producing, directing or promoting photograph or representation that included sexual conduct of child--Juvenile and her older minor boyfriend photographing their own sexual acts--Photographs not distributed to third parties 1DCA 243a

Community control--Parole Commission's imposition of community control as condition of probation--Mandamus 1DCA 1985c

Community control--Revocation--Absence from approved residence--Absence discovered as result of illegal investigatory stop 2DCA 138a

Community control--Revocation--Absence from approved residence--Evidence--Receipts in someone else's name for department store purchases at time when defendant was supposed to be at home 4DCA 1597a

Community control--Revocation--Evidence--Exclusionary rule--Applicability to community control revocation proceeding 2DCA 138a

Community control--Revocation--Failure to remain confined to residence--Evidence--Probation officer's testimony that defendant did not have consent for absences evidenced by residential center's sign-out logs 4DCA 344a

Community control--Revocation--Failure to remain confined to residence--Evidence--Sign-out logs for residential center 4DCA 344a

Community control--Revocation--Failure to remain in residence 4DCA 1352b

Community control--Revocation--Failure to timely return to approved residence--Five-minute tardiness on one occasion when returning home from approved employment 5DCA 736a

Community control--Revocation--Lying to community control officer--Statement that was more likely true than not 2DCA 1054a

Community control--Revocation--Lying to community control officer by telling officer that defendant was home asleep--Statement that defendant was home asleep made by defendant's brother and not by defendant 2DCA 1054a

Community control--Revocation--Order--Specification of conditions violated 4DCA 1597a; 4DCA 2683b

Community control--Revocation--Positive drug test--Sample testing positive and then negative when tested by probation officer and reported by laboratory as negative, with "dilute" indication for specimen validity 5DCA 736a

Community control--Revocation--Sentencing--see, Sentencing--Community control revocation

Community control--Revocation--Supervision costs--Failure to pay 4DCA 1597a

Community control--Revocation--Valid and invalid violations 4DCA 1597a

Community control--Revocation--Viewing, owning, or possessing pornographic material--Relevance of material to defendant's offense of lewd and lascivious assault on child under age sixteen 3DCA 48c

Competency of defendant--Conflicting evidence--Duty to conduct hearing sua sponte 1DCA 875a

Competency of defendant--Evidence--Experts appointed to evaluate defendant reporting that defendant was competent to proceed 5DCA 252c

Competency of defendant--Evidence--Statements of defendant to privately retained mental health expert--Psychotherapist-patient privilege 4DCA 1240a

Competency of defendant--Evidence--Statements of defendant to privately retained mental health expert--Self-incrimination 4DCA 1240a

Competency of defendant--Evidence--Statements of defendant to state's mental health expert 4DCA 1240a

Competency of defendant--Incompetent defendant placed in secure facility after criminal charges have been dismissed--Transportation to court-ordered evaluations--Responsibility for transportation SCO 373a

Competency of defendant--Involuntary commitment of incompetent defendant--No substantial probability that mental illness causing incompetence will respond to treatment and that defendant will regain competency in reasonably foreseeable future 5DCA 555c

Competency of defendant--Involuntary commitment of incompetent defendant--Placement of incompetent defendant in specific facility--Authority to order 1DCA 2963c

Competency of defendant--Involuntary commitment of incompetent defendant--Stipulation to incompetency based on stale competency evaluation 2DCA 2912a

Competency of defendant--Mental retardation--Post conviction relief--Death row inmate SCO 729a

Competency of defendant--Plea 4DCA 202a

Competency of defendant--Post conviction proceedings SCO 33a

Competency of defendant--Post conviction relief--Competency of defendant to proceed with post conviction proceedings SCO 719a

Competency of defendant--Probation revocation--Hearing--Defendant previously found incompetent 1DCA 2291a

Competency of defendant--Sentencing--Defendant found to be incompetent and committed to Department of Children and Families--Failure to hold new competency hearing after Department had advised court that defendant had regained competency 5DCA 2204b

Competency of defendant--Sentencing phase of capital trial--Mentally retarded defendant--Adaptive functioning deficit SCO 272a

Competency of defendant--Sentencing phase of capital trial--Mentally retarded defendant--Three-prong test SCO 272a

Competency of defendant--Sexually violent predator--Incompetency to proceed with civil commitment proceedings--Commitment to Department of Children and Families forensic facility for restoration of competency--Authority to order 4DCA 1710c

Competency to be executed--Mentally retarded defendant SCO 144a; SCO 151a

Competency to be executed--Premature claim SCO 41c; SCO 263a; SCO 296a; SCO 619a; SCO 627a; SCO 671a

Competency to stand trial--Commitment of incompetent defendant to Department of Children and Families--Defendant suffering from dementia that will become progressively worse and having little or no probability of becoming competent in future 5DCA 367b

Competency to stand trial--Hearing--