Subject Matter Index
Criminal Law
Volume 33, Issue 41
October 10, 2008
CRIMINAL LAW
Appeals--Dismissal--Defendant's pro se voluntary dismissal of appeal SCO 821a
Appeals--Jury instructions--Sexual offenders--Failure to register--Instruction on theory not alleged in information--Preservation of issue 5DCA 2347a
Appeals--Non-final orders--Order denying motion for post conviction relief--Denial with leave to amend legally insufficient claim 1DCA 2352c
Appeals--Post conviction relief--Denial--Order denying some claims and granting leave to amend others 1DCA 2352c
Argument--Golden rule SCO 815a; SCO 824a
Argument--Silence of defendant--Post-Miranda silence--Comment emphasizing that defendant had not, at any time prior to first trial, offered exculpatory explanation that he gave at trial 1DCA 2353a
Argument--Suggestion that dark substance on ring defendant presented to coworkers and gave to his girlfriend was blood from murder victim SCO 810a
Burglary--Structure--Jury instructions--Intent--Instruction that jury must find defendant unlawfully entered or remained in structure with intent to commit a burglary 5DCA 2346a
Continuance--Enforcement of subpoena for witness 3DCA 2328a
Counsel--Appellate--Ineffectiveness--Failure to challenge convictions and sentences for attempted first-degree felony murder based on supreme court decision holding that offense was non-existent SCO 815a
Counsel--Appellate--Ineffectiveness--Failure to examine complete record of trial before submitting Anders brief--"Questionable" jurors serving on jury 5DCA 2345d
Counsel--Discharge--Inquiry--Failure to conduct--Specific claims of incompetent conduct--New trial 1DCA 2355a
Counsel--Ineffectiveness--Argument--Failure to object to golden rule argument SCO 815a; SCO 824a
Counsel--Ineffectiveness--Argument--Failure to object to improper comments by prosecutor SCO 815a
Counsel--Ineffectiveness--Discovery--Failure to ensure that adequate hearing was conducted into state's alleged discovery violation SCO 815a
Counsel--Ineffectiveness--Evidence--Failure to investigate and present evidence regarding conflict in dates probation officer allegedly spoke to defendant about "stabbing" of victim SCO 805a
Counsel--Ineffectiveness--Evidence--Failure to object to hearsay testimony suggesting that defendant's wife tacitly acknowledged that sexual activity with child could have taken place, despite wife's earlier testimony to the contrary 4DCA 2311a
Counsel--Ineffectiveness--Evidence--Failure to object to introduction of written waiver of immunity by state's key witness and to ensure adequate inquiry into state's failure to disclose waiver prior to trial SCO 815a
Counsel--Ineffectiveness--Evidence--Failure to present evidence that it was general knowledge among residents at apartment complex on day of murder that victim's death was result of stabbing SCO 805a
Counsel--Ineffectiveness--Evidence--Fingerprints--Failure to challenge explanation for presence of defendant's fingerprint on inside of murder victim's front door SCO 805a
Counsel--Ineffectiveness--Evidence--Fingerprints--Failure to challenge fingerprint evidence in general SCO 805a
Counsel--Ineffectiveness--Failure to move to dismiss charge of aggravated assault with deadly weapon based on assertion that knife was not used or displayed in such way as to classify it as deadly weapon 4DCA 2337a
Counsel--Ineffectiveness--Failure to move to dismiss charge of carrying concealed weapon based on knife with 4-inch blade 4DCA 2337a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Argument--Failure to object to prosecutor's denigration of mitigation through use of word "excuses" SCO 815a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Argument--Failure to object to reference to homicide as "inexcusable" although jury had been instructed in guilt phase of trial on excusable homicide SCO 815a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Mitigation witnesses--Failure to present SCO 824a
Counsel--Ineffectiveness--Witnesses--Cross-examination--Contradictory statements given by prosecution witness to police regarding ability to identify assailant SCO 815a
Counsel--Ineffectiveness--Witnesses--Expert--Failure to properly voir dire state's expert in field of extreme techniques and control SCO 815a
Counsel--Ineffectiveness--Witnesses--Expert--Failure to request Frye hearing regarding novel science on which state's expert based testimony and to request curative instruction after trial court sustained objections to expert's testimony SCO 815a
Counsel--Ineffectiveness--Witnesses--Failure to call SCO 805a
Counsel--Murder--Minimum standards for attorneys in capital cases--Amendment to rules of procedure SCO 823a
Counsel--Self-representation--Inquiry--Adequacy--Dangers and disadvantages of self-representation--Failure to advise 4DCA 2335a
Counsel--Self-representation--Inquiry--Inquiry following discharge of attorney 4DCA 2335a
Counsel--Waiver--Inquiry--Adequacy--Dangers and disadvantages of self-representation--Failure to advise 4DCA 2335a
Counsel--Waiver--Inquiry--Inquiry following discharge of attorney 4DCA 2335a
Discovery--State's failure to comply--Witnesses--Failure to disclose that witness was under investigation for Medicare fraud SCO 824a
Evidence--Circumstantial--Murder--Defendant's blood found throughout home where murders occurred and blood from victim found on defendant's shoe 3DCA 2328a
Evidence--Circumstantial--Murder--Footprint and blood-DNA evidence--Sufficiency to overcome reasonable hypothesis of innocence 4DCA 2332a
Evidence--Circumstantial--Murder--Sufficiency of evidence to overcome reasonable hypothesis of innocence 4DCA 2332a
Evidence--Collateral crimes--Relevancy--Identification 3DCA 2319c
Evidence--Collateral crimes--Separate robberies in which the same weapon was fired 3DCA 2319c
Evidence--Hearsay--Murder victim's statements about defendant noticing her jewelry--Statements offered to prove truth of matter asserted, that defendant had interest in victim's jewelry--New trial SCO 810a
Evidence--Impeachment--Character of witness--Evidence not relating to truthfulness or to convictions of crimes involving false statements or dishonesty 2DCA 2349a
Evidence--Murder--Circumstantial evidence--Defendant's blood found throughout home where murders occurred and blood from victim found on defendant's shoe 3DCA 2328a
Evidence--Murder--Circumstantial evidence--Footprint and blood-DNA evidence--Sufficiency to overcome reasonable hypothesis of innocence 4DCA 2332a
Evidence--Murder--Footprint and blood-DNA evidence--Direct evidence--State's reliance on evidence to prove more than presence or identity 4DCA 2332a
Evidence--Newly discovered--Post conviction relief--Withholding of material, exculpatory evidence by state SCO 805a
Evidence--Other crimes, wrongs or acts--Relevancy--Identification 3DCA 2319c
Evidence--Other crimes, wrongs or acts--Separate robberies in which the same weapon was fired 3DCA 2319c
Evidence--Prior convictions--Multiple prior felony convictions--Opening door 3DCA 2324a
Evidence--Silence of defendant--Post-Miranda silence--Question emphasizing that defendant had not, at any time prior to first trial, offered exculpatory explanation that he gave at trial 1DCA 2353a
Habeas corpus--Counsel--Appellate--Ineffectiveness--see, Counsel--Appellate--Ineffectiveness
Information--Sexual battery on physically incapacitated person--Information charging alternative means of committing offense SCO 821a
Information--Sexual offenders--Failure to register--Elements of offense--Allegation that defendant failed to register "after having been convicted of Criminal Sexual Conduct"--Reference to specific statute detailing elements of offense 5DCA 2347a
Judges--Disqualification--Bias against Seminole Indian Tribe 4DCA 2319a
Judges--Disqualification--Ex parte communications--Communication with state on strictly administrative matter SCO 805a
Judgment--Correction--Offense of conviction 5DCA 2346b
Jurors--Failure to disclose that juror had been victim of violent crime SCO 824a
Jury instructions--Burglary of structure--Intent--Instruction that jury must find defendant unlawfully entered or remained in structure with intent to commit a burglary 5DCA 2346a
Jury instructions--Deadlocked jury 3DCA 2339b
Jury instructions--Sexual offenders--Failure to register--Instruction on theory not alleged in information--Appeals--Preservation of issue 5DCA 2347a
Jury instructions--Sexual offenders--Failure to register--Instruction on theory not alleged in information--Harmless error 5DCA 2347a
Mandamus--Prisoners--Gain time--Award--Completion of GED certificate 1DCA 2356a
Murder--Counsel--Minimum standards for attorneys in capital cases--Amendment to rules of procedure SCO 823a
Murder--Evidence--Circumstantial--Defendant's blood found throughout home where murders occurred and blood from victim found on defendant's shoe 3DCA 2328a
Murder--Evidence--Circumstantial--Footprint and blood-DNA evidence--Sufficiency to overcome reasonable hypothesis of innocence 4DCA 2332a
Murder--Evidence--Footprint and blood-DNA evidence--Direct evidence--State's reliance on evidence to prove more than presence or identity 4DCA 2332a
Murder--Evidence--Hearsay--Murder victim's statements about defendant noticing her jewelry--Statements offered to prove truth of matter asserted, that defendant had interest in victim's jewelry--New trial SCO 810a
Murder--Sentencing--Death penalty--see, Sentencing--Death penalty
New trial--Counsel--Discharge--Inquiry--Failure to conduct--Specific claims of incompetent conduct 1DCA 2355a
New trial--Murder--Evidence--Hearsay--Murder victim's statements about defendant noticing her jewelry--Statements offered to prove truth of matter asserted, that defendant had interest in victim's jewelry SCO 810a
Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Prejudice--Defendant alleging in separate proceedings that an unrelated case subjected him to deportation 4DCA 2341b
Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Prejudice--Deportation based on illegal entry into country 4DCA 2341b
Post conviction relief--Amendment of motion--Additional claims--Trial court discretion SCO 824a
Post conviction relief--Capital case--Factual innocence SCO 805a
Post conviction relief--Counsel--Ineffectiveness--see, Counsel--Ineffectiveness
Post conviction relief--Denial--Appeals--Order denying some claims and granting leave to amend others 1DCA 2352c
Post conviction relief--Evidence--Newly discovered--Withholding of material, exculpatory evidence by state SCO 805a
Post conviction relief--Newly discovered evidence--Withholding of material, exculpatory evidence by state SCO 805a
Post conviction relief--Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Prejudice--Defendant alleging in separate proceedings that an unrelated case subjected him to deportation 4DCA 2341b
Post conviction relief--Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Prejudice--Deportation based on illegal entry into country 4DCA 2341b
Post conviction relief--Sentencing--Excess of statutory maximum--Third degree felony 4DCA 2318b
Post conviction relief--Successive motions--Constitutional right which was formulated after convictions and sentences became final and which should have retroactive application SCO 805a
Post conviction relief--Successive motions--Newly discovered evidence SCO 805a
Post conviction relief--Vienna Convention violation--Procedural bar SCO 824a
Prisoners--Gain time--Award--Completion of GED certificate--Mandamus 1DCA 2356a
Pro se filings--Prohibition 3DCA 2340a; 5DCA 2346c
Probation--Revocation--Contact with victim--Reports to governmental authorities alleging illegal practices on part of defendant's former employer/victim 1DCA 2354a
Probation--Revocation--Failure to write to credit card companies assuming responsibility for debts defendant had fraudulently run up on victim's credit card--Willfulness--Account numbers and addresses never furnished to defendant despite defendant's unsuccessful attempt to obtain information 1DCA 2354a
Rules of procedure--Amendment--Minimum standards for attorneys in capital cases SCO 823a
Search and seizure--Consent--Vehicle 1DCA 2343a
Search and seizure--Investigatory stop--Reasonable suspicion--Attempt to hide from officers after officers had begun pursuit 4DCA 2311b
Search and seizure--Investigatory stop--Reasonable suspicion--Defendant walking alone on public street at 10:00 p.m. in area surrounded by closed businesses 4DCA 2311b
Search and seizure--Stop--Investigatory--Reasonable suspicion--Attempt to hide from officers after officers had begun pursuit 4DCA 2311b
Search and seizure--Stop--Investigatory--Reasonable suspicion--Defendant walking alone on public street at 10:00 p.m. in area surrounded by closed businesses 4DCA 2311b
Search and seizure--Vehicle--Consent 1DCA 2343a
Sentencing--Correction--Denial of motion--Attachment of portions of record showing no entitlement to relief 3DCA 2340d
Sentencing--Death penalty--New sentencing proceeding--Reversal of attempted first degree felony murder convictions which were considered, in part, as aggravators SCO 815a
Sentencing--Excess of statutory maximum--Third degree felony 4DCA 2318b
Sentencing--Gort Act--Predicate convictions--Felony causing bodily injury 4DCA 2341c
Sentencing--Guidelines--Departure--Reduction of sentence--Written reasons 3DCA 2339d
Sentencing--Order--Correction--Conformance to oral pronouncement 4DCA 2318c
Sentencing--Violent career criminal--Predicate convictions--Felony causing bodily injury 4DCA 2341c
Sexual battery on physically incapacitated person--Information--Information charging alternative means of committing offense SCO 821a
Sexual offenders--Failure to register--Information--Elements of offense--Allegation that defendant failed to register "after having been convicted of Criminal Sexual Conduct"--Reference to specific statute detailing elements of offense 5DCA 2347a
Sexual offenders--Failure to register--Jury instructions--Instruction on theory not alleged in information--Appeals--Preservation of issue 5DCA 2347a
Sexual offenders--Failure to register--Jury instructions--Instruction on theory not alleged in information--Harmless error 5DCA 2347a
Sexually violent predators--Civil commitment--Evidence--Character of expert witness--Disciplinary proceedings which resulted in restriction on witness's professional license 2DCA 2349a
Silence of defendant--Argument--Post-Miranda silence--Comment emphasizing that defendant had not, at any time prior to first trial, offered exculpatory explanation that he gave at trial 1DCA 2353a
Silence of defendant--Evidence--Post-Miranda silence--Question emphasizing that defendant had not, at any time prior to first trial, offered exculpatory explanation that he gave at trial 1DCA 2353a
Voir dire--Juror's failure to disclose that he had been victim of violent crime SCO 824a
Witnesses--Enforcement of subpoena for witness--Request to compel witness to appear made after state had rested case 3DCA 2328a
Witnesses--False testimony SCO 824a
Witnesses--Impeachment--Character of witness--Evidence not relating to truthfulness or to convictions of crimes involving false statements or dishonesty 2DCA 2349a