Subject Matter Index
Criminal Law
Volume 35, Issues 1 - Current
January 8, 2010 - Present
CRIMINAL LAW
Absence of defendant--Post conviction proceedings--Evidentiary hearing on claim of ineffective assistance of counsel 2DCA 181a
Acquittal--Judgment of--Aggravated assault--Intent to do violence--Absence of evidence 5DCA 484c
Acquittal--Judgment of--Animal fighting or baiting--Possession without evidence of fighting or baiting 4DCA 448b
Acquittal--Judgment of--Arson--Sufficiency of evidence 1DCA 935a
Acquittal--Judgment of--Driving under influence with property damage--Failure to prove that property belonged to someone other than defendant 2DCA 984b
Acquittal--Judgment of--Driving with canceled, suspended or revoked license--Knowledge of suspension--Failure to prove 4DCA 446c
Acquittal--Judgment of--Fleeing or eluding--Absence of evidence that law enforcement vehicle involved in chase had agency insignia and other jurisdictional marking prominently displayed--Deputy's testimony that he was driving "marked patrol car" with "lights on top" 1DCA 152a
Acquittal--Judgment of--Fleeing or eluding--Absence of evidence that law enforcement vehicle involved in chase had agency insignia and other jurisdictional markings prominently displayed 1DCA 690a
Acquittal--Judgment of--Leaving scene of accident--Failure to prove damage to property or to another vehicle 1DCA 443e
Acquittal--Judgment of--Tampering with witness or victim--Evidence from which jury could rationally have found elements of crime beyond reasonable doubt 4DCA 67a
Aggravated assault--Intent to do violence--Absence of evidence 5DCA 484c
Aggravated assault with deadly weapon--Intent to do violence to another--Necessity to prove 5DCA 1312a
Aggravated assault with deadly weapon--Jury instructions--Standard instruction 5DCA 1312a
Aggravated assault with firearm--Jury instructions--Inclusion of conjunction and/or between names of victims--Evidence that defendant committed assault on all victims named in instruction 1DCA 815a
Aggravated battery--Evidence--Baseball bats recovered from defendant's apartment--Bats not connected to charged offense 2DCA 1046a
Aggravated battery--Evidence--Victim's previous acts of violence--Defendant's knowledge 1DCA 1160a
Aggravated battery--Information--Great bodily harm--Allegation that defendant killed victim by punching him in the face 3DCA 22a
Aggravated battery--Intent to cause great bodily harm--Killing of victim by punching him in the face 3DCA 22a
Aggravated battery--Jury instructions--Independent act--Refusal to give requested instruction--Instruction on principals given 2DCA 1046a
Aggravated battery on law enforcement officer--Evidence--Permanent disability resulting from offense 1DCA 963b
Aggravated battery on law enforcement officer--Jury instructions--Standard instruction--Inclusion of "permanent disability" element where defendant was charged with aggravated battery based on great bodily harm 1DCA 963b
Aggravated battery with deadly weapon--Evidence--Battery victim's descriptions of doctor's explanations regarding necessity for certain treatment--Harmless error 2DCA 531a
Aggravated battery with deadly weapon--Evidence--Results of test firing of BB gun found in defendant's vehicle--Relevancy 4DCA 335a; 4DCA 1070a
Aggravated battery with deadly weapon--Reclassification of offense--Use of firearm 3DCA 570d
Aggravated child abuse--Evidence--Similar fact--Observation of defendant shaking a different child, without resulting injury, on two occasions six years earlier 1DCA 1273b
Aggravated child abuse--Felony murder--Merger doctrine--Applicability--Felony murder statute specifically providing aggravated child abuse as predicate offense 1DCA 1014a
Aggravated child abuse--Felony murder--Merger doctrine--Applicability--Single act of abuse leading to child's death 1DCA 1014a
Aggravated child abuse--Felony murder--Merger doctrine--Applicability--Single act of abuse leading to child's death--Multiple acts occurring where child was held beneath surface of swimming pool long enough to produce unconsciousness and then death 1DCA 1014a
Aggravated child abuse--Jury instructions--Offense not charged in information--Aggravated child abuse with use of deadly weapon--Information charging aggravated child abuse by causing great bodily harm, permanent disability, or permanent disfigurement 4DCA 1172a
Aggravated manslaughter of child--Argument--Defendant's contemplation of aborting child during pregnancy 3DCA 512a
Aggravated manslaughter of child--Evidence--Defendant's contemplation of aborting child during pregnancy 3DCA 512a
Aggravated stalking--Harassment following entry of final injunction against domestic violence--Defendant's knowledge of permanent injunction--Failure to prove 2DCA 993a
Alibi--Witnesses--Exclusion--Failure of notice of alibi to comply with rule 3DCA 1127a
Animal fighting or baiting--Possession without evidence of fighting or baiting--Judgment of acquittal 4DCA 448b
Appeals--Appeal by state--Suppression of evidence--Standing--Expectation of privacy--Issue first raised 2DCA 223a
Appeals--Argument--Opening statement--Comment on defendant's refusal to consent to search--Preservation of issue--Objection not immediate, but soon enough for judge to issue curative instruction 4DCA 1175e
Appeals--Argument--Preservation of issue SCO 239a
Appeals--Argument--Shifting of burden of proof--Misstatement that if jury believed beyond reasonable doubt that murder victim was not, in fact, dead, they should acquit defendant--Preservation of issue 3DCA 355b
Appeals--Argument--Silence of defendant--Inadequacy of curative instruction--Preservation of issue 4DCA 1285b
Appeals--Belated 5DCA 991a
Appeals--Belated--Absence of timely request that counsel file notice of appeal 5DCA 756b
Appeals--Belated--Ineffective assistance of appellate counsel--Failure to respond to court order, resulting in dismissal of timely appeal--Reinstatement of appeal 1DCA 212b
Appeals--Belated--Late receipt of order denying motion for rehearing--Unauthorized rehearing motion 1DCA 801b
Appeals--Belated--Order denying motion for post conviction relief--Order failing to inform petitioner of thirty-day period to appeal 5DCA 696b
Appeals--Belated--Sentencing issue which was not preserved for appeal by rule 3.800(b) motion--Necessity that newly appointed appellate counsel file motion in trial court before proceeding with new appeal 1DCA 731a
Appeals--Belated--Sufficiency of petition 5DCA 364a; 5DCA 695c
Appeals--Belated--Sufficiency of petition--Oath--Affirmation that statements are true and correct "to the best of my knowledge" 5DCA 364a
Appeals--Certiorari--Petition by state--Failure to allege or prove that error substantially impaired ability to prosecute case or resulted in miscarriage of justice 2DCA 583a
Appeals--Competency of defendant--Preservation of issue 3DCA 33d
Appeals--Contempt--Indirect--Jurisdiction--Contempt arising from felony proceeding in circuit court--Misdemeanor case number assigned by clerk 4DCA 884a
Appeals--Costs--Investigative costs--Absence of supporting documentation--Preservation of issue 2DCA 1051a
Appeals--Costs--Prosecution costs--Absence of request or supporting documentation--Preservation of issue 2DCA 226b
Appeals--Costs--Prosecution costs--Absence of supporting documentation--Preservation of issue 2DCA 1051a; 2DCA 1361b
Appeals--Counsel--Ineffectiveness 3DCA 23a; 3DCA 848a
Appeals--Cross-examination--Defendant's opinion as to whether another witness was lying--Preservation of issue 3DCA 1237a
Appeals--Dismissal--Voluntary--Ruling on motion--Mandamus--Motion filed in wrong forum 1DCA 592a
Appeals--Evidence--DNA--Admission of test results without supporting statistical evidence--Preservation of issue SCO 313a
Appeals--Evidence--Hearsay--Exceptions--Statements of child victim of sexual offense--Multiple witnesses--Preservation of issue 1DCA 716a
Appeals--Frivolous appeal 2DCA 120a
Appeals--Information--Amendment--Timeliness--Preservation of issue 1DCA 100c
Appeals--Judges--Departure from neutrality--Voir dire--Capital case--Sua sponte excusal for cause of juror whose child had been recently murdered--Preservation of issue SCO 7a
Appeals--Jurisdiction--Death penalty case--Exclusive jurisdiction of supreme court--Scope--Collateral proceedings in cases in which supreme court has vacated death sentence and remanded for further proceedings 3DCA 31b
Appeals--Mandate--Sentencing--Violent career criminal--Violation of mandate requiring that defendant be resentenced without violent career criminal enhancement 3DCA 1123a
Appeals--Non-final orders--Order on Motion to Dismiss 1DCA 91b
Appeals--Order denying motion to mitigate judgment and sentence 4DCA 65a
Appeals--Plea--Colloquy--Failure to conduct proper colloquy before accepting plea 1DCA 171a
Appeals--Plea--Withdrawal--Denial--Timeliness of appeal 4DCA 1290a
Appeals--Post conviction relief--Denial--Review of claims not briefed 4DCA 1336c
Appeals--Post conviction relief--Denial--Review of claims which were not briefed or otherwise pursued 2DCA 856d
Appeals--Post conviction relief--Denial--Scope of review--Issues not briefed 2DCA 1037a
Appeals--Post conviction relief--Denial of extension of time within which to file second motion--Non-final, nonappealable order 2DCA 1323a
Appeals--Post conviction relief--Dismissal of motion without prejudice 2DCA 1320a
Appeals--Post conviction relief--Dismissal with leave to refile amended motion 2DCA 1324c
Appeals--Post conviction relief--Order denying in part and dismissing in part 2DCA 1324b
Appeals--Post conviction relief--Order denying motion for extension of time to file post conviction motion--Proper procedure 2DCA 478a
Appeals--Post conviction relief--Order denying some claims and dismissing others as facially insufficient without setting reasonable time limit for amendment 2DCA 1033c
Appeals--Post conviction relief--Order denying some claims but dismissing one claim without prejudice to filing amended claim 2DCA 436b
Appeals--Pro se filings--Prohibition 3DCA 898b
Appeals--Rehearing--Pro se motion--Striking--Defendant represented by counsel who has filed brief on the merits 2DCA 397a
Appeals--Release pending appeal--Supersedeas bond--Jurisdiction--Record on appeal transmitted to appellate court--Concurrent jurisdiction 2DCA 977a
Appeals--Restitution--Preservation of issue 3DCA 848d
Appeals--Search and seizure--Appeal by state--Scope of review 3DCA 1240a
Appeals--Search and seizure--Standing--Expectation of privacy--Appeal by state--Issue first raised 2DCA 223a
Appeals--Sentencing--Constitutionality--Preservation of issue 1DCA 1213b
Appeals--Sentencing--Criminal Punishment Code--Scoresheet--Offense level--Home invasion robbery--Preservation of issue 4DCA 128b
Appeals--Sentencing--Death penalty--Presentence investigation report--Hearsay--Testimonial out-of-court statements--Preservation of issue SCO 85a
Appeals--Sentencing--Erroneous finding that court was required to impose consecutive mandatory minimum sentences--Preservation of issue 1DCA 1279b
Appeals--Sentencing--Excess of statutory maximum--Preservation of issue 5DCA 989a
Appeals--Sentencing--Guidelines--Departure--Reduction of sentence--Denial 4DCA 9b; 1DCA 596a
Appeals--Sentencing--Mitigation--Denial of motion 3DCA 255b; 2DCA 632a; 2DCA 1097a
Appeals--Sentencing--Modification--Denial of motion--Certiorari 2DCA 704b
Appeals--Sentencing--Order on rule 3.800(c) motion 1DCA 1391a
Appeals--Sentencing--Plea--Deferred sentencing--Imposition of sentence greater than plea agreement on ground that defendant committed new offense--Sufficiency of evidence--Preservation of issue--Failure to move to withdraw plea 2DCA 1151c
Appeals--Sentencing--Preservation of issue 4DCA 335a
Appeals--Sentencing--Reduction--Denial of rule 3.800(c) motion 5DCA 364c
Appeals--Sentencing--Restitution--Jurisdiction--Failure to file notice of appeal 1DCA 591a
Appeals--Sentencing--Vindictiveness--Preservation of issue 2DCA 426b
Appeals--Sexual predators--Designation--Timeliness of appeal--Tolling of period--Motion for rehearing--Unauthorized motion 1DCA 379a
Appeals--Sexually violent predators--Civil commitment--Evidence--Sufficiency--Preservation of issue 3DCA 413c; 1DCA 417b
Appeals--Timeliness--Denial of motion for return of property 3DCA 675a
Appeals--Timeliness--Order denying motion for post conviction relief 1DCA 275b
Appeals--Timeliness--Tolling of period--Motion to reduce or modify sentence 1DCA 1391a
Appeals--Vending machine theft--Felony--Information--Defects--Failure to charge element of offense--Preservation of issue 2DCA 948a
Appeals--Vending machine theft--Jury instructions--Mistaken instruction on tampering or damaging rather than theft--Preservation of issue 2DCA 948a
Argument--Abortion--Contemplation of aborting child during pregnancy by defendant charged with aggravated manslaughter of child 3DCA 512a
Argument--Aggravated manslaughter of child--Defendant's contemplation of aborting child during pregnancy 3DCA 512a
Argument--Appeals--Preservation of issue SCO 239a
Argument--Argument of counsel not evidence 3DCA 514a
Argument--Bolstering of witness SCO 239a
Argument--Denigration of defense theory--Fair comment on evidence 1DCA 827b
Argument--Disparagement of counsel SCO 374a
Argument--Golden Rule SCO 239a; 5DCA 146b
Argument--Misleading of jury--Post conviction relief--Procedural bar SCO 53a
Argument--Opening statement--Comment on defendant's refusal to consent to search--Appeals--Preservation of issue--Objection not immediate, but soon enough for judge to issue curative instruction 4DCA 1175e
Argument--Opening statement--Comment on defendant's refusal to consent to search--Harmless error 4DCA 1175e
Argument--Opening statement--Comment on defendant's refusal to consent to search--Mistrial--Denial--Comment not so prejudicial as to vitiate entire trial 4DCA 1175e
Argument--Personal opinion of guilt--Harmless error 5DCA 79a
Argument--Reasonable doubt--Shifting of burden of proof 3DCA 763b
Argument--Reference to defendant as being a liar 4DCA 744a
Argument--Restrictions--Comments by defense counsel concerning lawful custody element of escape charge--Jury instructed to consider whether defendant was in lawful custody--New trial 3DCA 403a
Argument--Sentencing--Necessity of death penalty to hold defendant fully accountable SCO 239a
Argument--Sexual offenses against minor--Comments questioning why victim would come up with stories of abuse--Rebuttal to defense argument that victim had lied about crimes 5DCA 990a
Argument--Shifting of burden of proof--Misstatement that if jury believed beyond reasonable doubt that murder victim was not, in fact, dead, they should acquit defendant--Appeals--Preservation of issue 3DCA 355b
Argument--Shifting of burden of proof--Misstatement that if jury believed beyond reasonable doubt that murder victim was not, in fact, dead, they should acquit defendant--Harmless error 3DCA 355b
Argument--Silence of defendant SCO 374a; 2DCA 177b
Argument--Silence of defendant--Comment about word of victim against plea of not guilty 1DCA 691a
Argument--Silence of defendant--Comment on uncontradicted evidence regarding age of lewd and lascivious battery victim 1DCA 691a
Argument--Silence of defendant--Failure to testify SCO 239a
Argument--Silence of defendant--Inadequacy of curative instruction--Appeals--Preservation of issue 4DCA 1285b
Argument--Silence of defendant--Opening the door--Questions to codefendant and detective narrowly tailored to establish that police "set up" codefendants against one another by falsely indicating that defendant had made statements implicating codefendant 2DCA 325a
Armed burglary--Evidence--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Armed robbery--Evidence--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Armed robbery--Evidence--Gun cleaning kit--Relevancy 4DCA 788b
Armed robbery--Evidence--Identification--Photographic lineup--Suggestiveness--Defendant only common denominator in second of two lineups 4DCA 140a
Armed robbery--Evidence--Prior attempt to commit another robbery 3DCA 846a
Armed robbery--Evidence--Statements of defendant--Uncharged offenses--Defendant's admission that he had obtained gun in uncharged residential burglary 3DCA 846a
Armed robbery--Jury instructions--Use of conjunction "and/or" between names of victims--Harmless error 2DCA 476b
Arrest--Possession of drugs--Vehicle passenger--Drugs in plain view on floorboard of right rear passenger seat where defendant had been seated before officer lawfully asked him to exit vehicle 5DCA 259a
Arson--Evidence--Tape recordings--Victim's interception of phone communication--Verbal authorization of law enforcement officer to tape any phone conversation with suspect 4DCA 617a
Arson--Sufficiency of evidence 1DCA 935a
Attempted burglary--Evidence showing only completed offense 4DCA 197a
Attempted burglary--Judgment--Correction--Correction to reflect conviction of attempted third degree burglary rather than attempted burglary as second degree felony 4DCA 787c
Attempted burglary--Judgment--Correction--Jurisdiction--Appeal pending 4DCA 787c
Attempted felony murder--Act of shooting victim used to prove both attempted felony murder and underlying robbery offense SCO 194a
Attempted felony murder--Lesser included offenses--Attempted second degree murder--Allegations in charging document and proof at trial not supporting element of depraved mind SCO 194a
Attempted kidnapping--Direct evidence that defendant grabbed child in mother's presence and attempted to put her in his bicycle basket and ride away with her 4DCA 400a
Attempted kidnapping--Intent to terrorize victim--Circumstantial evidence--Defendant grabbing child in mother's presence, attempting to put her in his bicycle basket, and struggling with mother and aunt for child 4DCA 400a
Attempted kidnapping--Intent to terrorize victim--Circumstantial evidence--Evidence inconsistent with any reasonable hypothesis of innocence 4DCA 400a
Attempted kidnapping--Intent to terrorize victim--Judgment of acquittal--Denial--Circumstantial evidence inconsistent with any reasonable hypothesis of innocence 4DCA 400a
Attempted lewd or lascivious battery on child--Entrapment--Reverse sting coordinated by private volunteer organization--Volunteers entering online chat rooms and waiting for someone to solicit sexual activity from person believed to be minor 5DCA 803c
Attempted lewd or lascivious battery on child--Sufficiency of evidence 5DCA 803c
Attempted murder--Evidence--Gun cleaning kit--Relevancy 4DCA 788b
Attempted murder--Evidence--Statements of defendant--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Codefendant acting as agent of state 4DCA 241a
Attempted murder--Evidence--Statements of defendant--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Detective repeatedly and convincingly assuring defendant that interrogation room was private and no recording was being made 4DCA 241a
Attempted second degree murder--Jury instructions--Lesser included offenses--Attempted voluntary manslaughter--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error 1DCA 1376a
Attempted second degree murder--Reclassification of offense to first degree felony--Use of kitchen knife to stab and cut victim 5DCA 166a
Attempted second degree murder with firearm--Jury instructions--Justifiable and excusable homicide--Absence of manslaughter on verdict form either as charged or lesser offense 1DCA 1380b
Attempted sexual battery--Evidence--Hearsay--Statements of non-testifying witness which inferred that witness had observed defendant 3DCA 1242b
Attempted sexual battery--Evidence--Statements of defendant--Vague apologies to wife and victim during cell phone conversation with wife and in recorded cell phone messages 2DCA 375a
Attempted sexual battery--Minor--Evidence--Other crimes, wrongs, or acts--Testimony of other victims--Variations in extent of defendant's sexual contact with each victim 4DCA 12b
Attempted tampering with evidence--Intent to alter or destroy evidence--Throwing baggies of methamphetamine out window of vehicle being stopped by police officer 2DCA 38b
Bail--Bond--Denial--Failure to appear--Willfulness--Absence of finding SCO 311a
Bail--Bond--Denial--Failure to consider applicable standards--Habeas corpus 5DCA 526d
Bail--Bond--Denial--Failure to consider whether conditions of release were appropriate SCO 311a
Bail--Bond--Excessiveness--Bond set at amount designed to be functional equivalent of no bail 5DCA 303a
Bail--Denial--Argument--Failure to permit argument on issue of whether proof is evident and presumption great 4DCA 566b
Bail--Denial--Failure to appear--Willfulness--Hearing 5DCA 755a
Bail--Post-trial release--Supersedeas bond--Jurisdiction--Record on appeal transmitted to appellate court--Concurrent jurisdiction 2DCA 977a
Bail--Revocation of bond--Late appearance at scheduled docket sounding--Failure to timely appear unintentional and de minimus in length 3DCA 256d
Bank robbery--Conspiracy--Corpus delicti--Failure to establish independently of defendant's statements to police 4DCA 616a
Battery--Evidence--Statements of defendant--Vague apologies to wife and victim during cell phone conversation with wife 2DCA 375a
Battery--Reclassification of offense based on victim's status as school employee--Transferred intent 5DCA 483b
Battery--School employee--Transferred intent 5DCA 483b
Battery--Self-defense--Rebuttal of defense by state--Sufficiency of evidence 4DCA 883a
Battery on school employee--Sufficiency of evidence 3DCA 898a
Bifurcation--Trial--Jury instructions--Standard instruction--Amendment SCO 1a
Burglary--Armed--Evidence--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Burglary--Attempt--Evidence showing only completed offense 4DCA 197a
Burglary--Attempt--Judgment--Correction--Correction to reflect conviction of attempted third degree burglary rather than attempted burglary as second degree felony 4DCA 787c
Burglary--Attempt--Judgment--Correction--Jurisdiction--Appeal pending 4DCA 787c
Burglary--Dwelling--Evidence--Tape recordings--Victim's interception of phone communication--Verbal authorization of law enforcement officer to tape any phone conversation with suspect 4DCA 617a
Burglary--Dwelling--Evidence--Victim's testimony regarding calls defendant's mother made to victim, which intimidated victim--Evidence neither used to explain inconsistency in testimony nor as impeachment 4DCA 1054a
Burglary--Dwelling--Intent to commit offense--Theft--Entry of rental house for purpose of using it over course of several days for romantic vacation with girlfriend 1DCA 1160a
Burglary--Dwelling--Jury instructions--Lesser included offenses--Trespass--Refusal to give requested instruction 4DCA 1054a
Burglary--Dwelling--Lesser included offenses--Trespass--Jury instructions--Refusal to give requested instruction 4DCA 1054a
Burglary--Evidence--DNA--DNA evidence collected from inside of window which had been smashed to gain entry to burglarized structure 3DCA 1247a
Burglary--Evidence--Hearsay--DNA analyst--Testimony that she witnessed her colleague initial envelope containing swabs 4DCA 70a
Burglary--Jury instructions--Provision to jury of incorrect written instructions--Meritless claim 4DCA 70a
Burglary with assault or battery--Evidence--Hearsay--Statements of non-testifying witness which inferred that witness had observed defendant 3DCA 1242b
Burglary with battery--Jury instructions--Lesser included offenses--Burglary--Refusal to give requested instruction--New trial 2DCA 397c
Burglary with deadly weapon--Evidence--Results of test firing of BB gun found in defendant's vehicle--Relevancy 4DCA 335a; 4DCA 1070a
Carrying concealed firearm--Conviction based on belief that crime was lesser included offense of original charge of possession of firearm on school property--Uncharged offense 4DCA 505a
Carrying concealed firearm--Evidence--Hearsay--Exceptions--Public records--Letter from records custodian of state agency indicating defendant had not been granted license to carry concealed firearm 4DCA 622a
Carrying concealed firearm--Firearm found in front passenger seat under papers immediately after officer had ordered defendant out of vehicle during valid traffic stop 1DCA 84a
Carrying concealed weapon by convicted felon--Dismissal--Absence of written traverse by state or additional facts to bring knife outside definition of common pocketknife 2DCA 271a
Carrying concealed weapon by convicted felon--Pocketknife--Knife that is folded closed and has blade of less than four inches long 2DCA 271a
Child abuse--Aggravated--Jury instructions--Offense not charged in information--Aggravated child abuse with use of deadly weapon--Information charging aggravated child abuse by causing great bodily harm, permanent disability, or permanent disfigurement 4DCA 1172a
Child abuse--Evidence--Similar fact--Observation of defendant shaking a different child, without resulting injury, on two occasions six years earlier 1DCA 1273b
Child exploitation--Entrapment--Reverse sting coordinated by private volunteer organization--Volunteers entering online chat rooms and waiting for someone to solicit sexual activity from person believed to be minor 5DCA 803c
Clemency--Adequacy of hearing SCO 64a
Clemency--Second clemency hearing--Capital case SCO 93a
Community control--Conditions--Costs--Statutory basis--Repealed statute 5DCA 1356c
Community control--Revocation--Absence from residence without permission--Willful and substantial violation--Walking away from residence to store across the street on two occasions without permission 5DCA 1026a
Community control--Revocation--Continuance--Retention of private counsel 2DCA 1319b
Community control--Revocation--Failure to comply with community control officer's instructions--Willful and substantial violation--Walking away from residence to store across the street on two occasions without permission 5DCA 1026a
Community control--Revocation--Order--Written 3DCA 469a
Community control--Revocation--Order--Written--Specification of conditions violated 2DCA 121a
Competency of defendant--Appeals--Preservation of issue 3DCA 33d
Competency of defendant--Evaluation--Confidentiality of information--Violation--State's use of expert who conducted competency evaluation as rebuttal witness during sentencing phase of capital trial SCO 374a
Competency of defendant--Hearing--Absence of request for hearing or information sufficient to raise reasonable doubt as to competence 3DCA 33d
Competency of defendant--Hearing--Failure to conduct--Evaluations by appointed mental health experts not raising any competency or sanity issues 3DCA 903a
Competency of defendant--Hearing--Sua sponte hearing--Failure to conduct--Post conviction relief--Procedural bar SCO 225a
Competency of defendant--Involuntary commitment to Mentally Retarded Defendant Program of defendant found incompetent to proceed--Defendant found by Agency for Persons with Disabilities to be ineligible for community based services for persons with developmental disabilities 1DCA 1368b
Competency of defendant--Order--Written 2DCA 1231b
Competency to be executed SCO 93a
Competency to be executed--Post conviction relief--Premature claim SCO 225a
Competency to stand trial--Hearing--Absence of request for hearing, order adjudicating defendant incompetent, or anything to alert court to any competency concerns 4DCA 504b
Competency to stand trial--Hearing--Failure to conduct--Prior judge appointing medical expert to evaluate defendant's competency 1DCA 1388g
Competency to stand trial--Order--Written 1DCA 443e
Competency to stand trial--Post conviction relief--Procedural bar SCO 225a
Computer pornography--Entrapment--Reverse sting coordinated by private volunteer organization--Volunteers entering online chat rooms and waiting for someone to solicit sexual activity from person believed to be minor 5DCA 803c
Conditional release--Revocation--Sentencing--see, Sentencing--Conditional release revocation
Conditional release--Revocation--Willfulness of violation--Willfulness not found by either hearing examiner or Parole Commission--Post-remand findings--Opportunity to address newly made findings 4DCA 333b
Confession--Evidence--Corpus delicti--Independent establishment 4DCA 399b; 4DCA 401a; 4DCA 616a
Confession--Evidence--Corpus delicti--Independent establishment--Murder 4DCA 328a; 4DCA 1068b
Confession--Evidence--Corpus delicti--Independent establishment--Murder--Criminal agency of another person causing death of victim 4DCA 1068b
Confession--Evidence--Custody--Accusatory confrontation indicating that police had defendant's pants with blood from murder scene SCO 295a
Confession--Evidence--Interrogation--Question after arrest as to whether defendant would like to make a post-Miranda statement 4DCA 246a
Confession--Evidence--Voluntariness--Delayed administration of Miranda warnings--Downplaying of warnings, once given SCO 295a
Confession--Evidence--Voluntariness--Miranda warning--Adequacy SCO 323a
Confession--Evidence--Voluntariness--Promises of leniency 4DCA 563a
Confession--Evidence--Waiver of rights--Voluntariness--Downplaying of importance of warnings by interrogating officer SCO 295a
Confidential informant--Disclosure--Disclosure essential to establishing specific defense--Colorability of defense 2DCA 631d
Confidential informant--Disclosure--Entrapment--Necessity of informant's identity or testimony to establish entrapment defense--In camera hearing 4DCA 30a
Confidential informant--Disclosure--Entrapment--Necessity of informant's testimony to establish entrapment defense--In camera hearing 4DCA 138b
Confidential informant--Disclosure--In camera hearing--Necessity of informant's identity or testimony to establish entrapment defense 4DCA 30a
Confidential informant--Disclosure--In camera hearing--Necessity of informant's identity or testimony to establish specific defense 2DCA 631d
Confidential informant--Disclosure--Informant whose controlled buy supplied basis for search warrant and ultimate arrest of defendant on new drug charges of which defendant was ultimately acquitted but which formed basis for probation revocation 4DCA 499a
Confidential informant--Disclosure--Necessity of informant's testimony to establish defense--In camera hearing 4DCA 138b; 2DCA 631d
Confidential informant--Disclosure--Privilege of non-disclosure--Exceptions--Due process--Entrapment defense 4DCA 138b
Confidential informant--Disclosure--Privilege of non-disclosure--Exceptions--Identity or testimony of informant essential to fair determination of a cause--Claim that disclosure would be central to defense of misidentification--Colorability of defense 2DCA 631d
Confidential informant--Disclosure--Privilege of non-disclosure--Exceptions--Identity or testimony of informant essential to fair determination of a cause--Claim that disclosure would be central to entrapment defense 4DCA 30a
Confidential informant--Disclosure--Privilege of non-disclosure--Exceptions--Relevancy of informant's identity or testimony to specific defense of accused--Defense of misidentification--In camera hearing 2DCA 631d
Confidential informant--Disclosure--Privilege of non-disclosure--Exceptions--Relevancy of informant's identity or testimony to specific defense of accused--Entrapment defense--In camera hearing 4DCA 30a
Confidential informant--Disclosure--Relevancy to specific defense of accused--Claim that disclosure would be central to entrapment defense--In camera hearing 4DCA 30a
Conspiracy--Conspiring with confidential informant 5DCA 855a
Conspiracy--Jury instructions--Instruction permitting jury to find defendant guilty of conspiracy solely based upon conspiring with confidential informant--New trial 5DCA 855a
Conspiracy--Jury instructions--Uncharged act--Instruction that defendant could be found guilty if he conspired with named individual "and/or another black male" 1DCA 339b
Conspiracy--Possession of hydrocodone--Evidence--Other crimes--Prosecution witness's reference to fact that there was warrant out for defendant's arrest for a different offense 1DCA 1007a
Conspiracy--Racketeering--Knowingly joining criminal enterprise--Sufficiency of evidence 4DCA 564a
Conspiracy--Racketeering--Specific intent to engage in crimes charged as predicate acts--Sufficiency of evidence 4DCA 564a
Conspiracy to commit robbery--Corpus delicti--Failure to establish independently of defendant's statements to police 4DCA 616a
Contempt--Direct--Failure to turn off cell phone during court proceedings 5DCA 692b
Contempt--Direct--Juveniles--Failure to appear at docket call--Willfulness 4DCA 505b
Contempt--Direct--Order--Recitation of evidentiary facts supporting finding of contempt 5DCA 692b
Contempt--Indirect--Appeals--Jurisdiction--Contempt arising from felony proceeding in circuit court--Misdemeanor case number assigned by clerk 4DCA 884a
Contempt--Indirect--Attorneys--Improper contact with criminal trial juror, including false representations regarding authority to interview juror and obtain medical records to support juror's excusal for medical condition 1DCA 1161b
Contempt--Indirect--Failure to obey subpoena directing appearance in circuit court criminal case 4DCA 884a
Continuance--Community control violation--Retention of private counsel 2DCA 1319b
Continuance--Discovery violation by state--Late disclosure of defendant's threats against victim--Prejudice 4DCA 788b
Continuance--Inadequate time to prepare for trial--Denial of continuance--Decision to discharge counsel and represent self on eve of trial 4DCA 615a
Corpus delicti--Confession--Evidence--Independent establishment of corpus delicti for charge of conspiracy to commit bank robbery 4DCA 616a
Corpus delicti--Independent establishment--Conspiracy to commit bank robbery 4DCA 616a
Corpus delicti--Independent establishment--Dealing in stolen property--Evidence of defendant pushing garbage can of twenty to thirty fishing poles in middle of night 4DCA 401a
Corpus delicti--Independent establishment--Murder 4DCA 328a; 4DCA 1068b
Corpus delicti--Independent establishment--Murder--Criminal agency of another person causing death of victim 4DCA 1068b
Corpus delicti--Independent establishment--Possession of firearm by convicted felon--Traffic citation made out to defendant found in room where firearm was found 4DCA 399b
Corpus delicti--Independent establishment--Possession of testosterone--Testosterone found in bathroom attached to room where traffic citation made out to defendant was found 4DCA 399b
Costs--Ability to pay 4DCA 938a
Costs--Assessment against State Attorney's Office--Authority 3DCA 360f
Costs--Crime Stoppers Trust Fund--Surcharge to fine--No fine imposed 2DCA 945c
Costs--Investigative costs 3DCA 414a
Costs--Investigative costs--Absence of supporting documentation--Appeals--Preservation of issue 2DCA 1051a
Costs--Investigative costs--Notice and opportunity to be heard 5DCA 631a
Costs--Investigative costs--Supporting documentation 2DCA 165a; 2DCA 948a
Costs--Mandatory--Statutory authority 2DCA 1361b
Costs--Prosecution costs--Absence of request or supporting documentation 2DCA 226b
Costs--Prosecution costs--Absence of request or supporting documentation--Appeals--Preservation of issue 2DCA 226b
Costs--Prosecution costs--Absence of supporting documentation--Appeals--Preservation of issue 2DCA 1051a; 2DCA 1361b
Costs--Prosecution costs--Travel expenses--Prosecution witness--Original trial and retrial--Mistrial caused by judicial error 1DCA 1384a
Costs--Prosecution costs--Travel expenses--Prosecution witness's children 1DCA 1384a
Costs--Statutory authority 2DCA 36a
Costs--Statutory basis 4DCA 938a
Counsel--Appellate--Ineffectiveness--Argument--Failure to raise improper prosecutorial comments--Comments not objected to and not rising to level of fundamental error SCO 53a
Counsel--Appellate--Ineffectiveness--Failure to argue that evidence was legally insufficient to prove money laundering 2DCA 1260a
Counsel--Appellate--Ineffectiveness--Failure to argue that trial court reversibly erred in responding to jury's requests for readback of trial testimony without providing defense counsel notice or opportunity to be heard and participate in proceedings--New trial 2DCA 142a
Counsel--Appellate--Ineffectiveness--Failure to challenge illegal mandatory minimum sentence 5DCA 73b
Counsel--Appellate--Ineffectiveness--Failure to file motion to correct sentence before filing initial brief--Sentence not illegal 5DCA 166a
Counsel--Appellate--Ineffectiveness--Failure to file motion to correct sentence on basis that drug offender probation was not authorized sanction for trafficking in cocaine 2DCA 113a
Counsel--Appellate--Ineffectiveness--Failure to raise additional arguments on issue which was actually raised on appeal 3DCA 1129a
Counsel--Appellate--Ineffectiveness--Failure to raise claim of ineffectiveness of trial counsel SCO 53a; 4DCA 791a
Counsel--Appellate--Ineffectiveness--Failure to raise cumulative effect of multiple trial errors SCO 225a
Counsel--Appellate--Ineffectiveness--Failure to raise double jeopardy challenge to separate convictions for conspiracy to commit racketeering and conspiracy to commit drug trafficking--Unpreserved, fundamental error 2DCA 1260a
Counsel--Appellate--Ineffectiveness--Failure to raise exclusion of defense evidence 4DCA 1174b
Counsel--Appellate--Ineffectiveness--Failure to raise unpreserved or non-meritorious claims SCO 249a
Counsel--Appellate--Ineffectiveness--Failure to rely on complete and accurate transcript of trial court proceedings 4DCA 1174b
Counsel--Appellate--Ineffectiveness--Failure to respond to court order, resulting in dismissal of timely appeal--Reinstatement of appeal 1DCA 212b
Counsel--Appellate--Ineffectiveness--Jury instructions--Failure to raise issue of erroneous jury instruction on manslaughter 1DCA 1154a
Counsel--Appellate--Ineffectiveness--Jury instructions--Failure to raise issues regarding jury instructions--Trial counsel not objecting to jury instructions, and instructions not constituting fundamental error 3DCA 1129a
Counsel--Appellate--Ineffectiveness--Jury instructions--Manslaughter by act--Standard instruction--Failure to seek supplemental briefing in direct appeal based on appellate decision 1DCA 801c
Counsel--Appellate--Ineffectiveness--Post conviction relief--Denial--Issue properly raised in appellate court 3DCA 191a
Counsel--Appellate--Ineffectiveness--Sentencing--Death penalty--Failure to raise claim that evidence was insufficient to prove avoid arrest aggravator SCO 225a
Counsel--Appellate--Ineffectiveness--Sentencing--Death penalty--Jury instructions--Failure to challenge SCO 287a
Counsel--Appellate--Ineffectiveness--Sentencing--Death penalty--Lethal injection protocol--Failure to challenge SCO 287a
Counsel--Appellate--Ineffectiveness--Sentencing--Failure to challenge trial court's improper consideration of lack of remorse and failure to accept responsibility when imposing sentence 4DCA 289b
Counsel--Appellate--Ineffectiveness--Sentencing--Failure to raise nonmeritorious claim of vindictiveness 3DCA 1195a
Counsel--Appointed--Attorney's fees--Payment by Justice Administrative Commission--Failure to serve Commission with fee motion 1DCA 105a
Counsel--Appointed--Attorney's fees--Payment by Justice Administrative Commission--Hearing--Absence 1DCA 105a
Counsel--Appointed--Discharge--Inquiry--Adequacy 2DCA 1035a
Counsel--Appointed--Discharge--Inquiry--Adequacy--Discharge based on disagreement with trial strategy rather than incompetence SCO 7a
Counsel--Appointed--Discharge--Inquiry--Necessity--Failure to articulate reason which would warrant discharge of appointed counsel 2DCA 948a
Counsel--Appointed--Discharge--Inquiry--Necessity--General complaints of dissatisfaction and lack of communication 1DCA 714a
Counsel--Appointed--Indigents--Determination by clerk 3DCA 51a
Counsel--Appointed--Office of Criminal Conflict and Civil Regional Counsel--Post conviction proceedings--Authority to appoint 2DCA 921a
Counsel--Appointed--Plea withdrawal--Conflict-free counsel--Adversarial relationship between defendant and counsel with respect to plea 2DCA 1318a
Counsel--Appointed--Plea withdrawal--Conflict-free counsel--Hearing--Failure to conduct--Harmless error--Allegations of coercion by misadvice as to maximum penalty conclusively refuted by plea colloquy 4DCA 1054b
Counsel--Appointed--Plea withdrawal--Conflict-free counsel--Plea colloquy conclusively refuting allegations of coercion by misadvice as to maximum penalty 4DCA 1054b
Counsel--Appointed--Post conviction proceedings--Evidentiary hearing on rule 3.850 motion 3DCA 32f
Counsel--Appointed--Post conviction proceedings--Evidentiary hearing on rule 3.850 motion--Issues not requiring assistance of counsel 3DCA 1128a
Counsel--Appointed--Post conviction proceedings--Evidentiary hearing on rule 3.850 motion--Pro se defendant not requesting that counsel be appointed 3DCA 1128a
Counsel--Appointed--Post conviction proceedings--Office of Criminal Conflict and Civil Regional Counsel--Authority to appoint 2DCA 921a
Counsel--Appointed--Resentencing hearing 1DCA 1017c
Counsel--Conflict of interest--Prior employment with public defender's office, which had disqualified itself from case SCO 169a
Counsel--Conflict of interest--Prior representation of prosecution witness--Waiver of conflict SCO 169a
Counsel--Critical stage of trial--Photographic and live line-ups conducted before charges were filed SCO 108a
Counsel--Denial--Conviction procured without affording right to counsel or securing waiver of counsel--Post conviction relief--Untimely motion 1DCA 420a
Counsel--Denial--Conviction procured without affording right to counsel or securing waiver of counsel--Void judgment 1DCA 420a
Counsel--Discharge--Denial 4DCA 446c
Counsel--Discharge--Disagreement with trial strategy SCO 7a; SCO 108a
Counsel--Discharge--Inquiry--Adequacy SCO 108a; 1DCA 544a; 2DCA 1035a
Counsel--Discharge--Inquiry--Adequacy--Discharge based on disagreement with trial strategy rather than incompetence SCO 7a; SCO 108a
Counsel--Discharge--Inquiry--Discussion of complaint with defense counsel out of earshot of defendant and prosecutor SCO 108a
Counsel--Discharge--Inquiry--Necessity--Failure to articulate reason which would warrant discharge of appointed counsel 2DCA 948a
Counsel--Discharge--Inquiry--Necessity--General complaints of dissatisfaction and lack of communication 1DCA 714a
Counsel--Discharge--Pro se motion 1DCA 544a
Counsel--Disqualification--Conflict of interest--Prior employment with public defender's office, which had disqualified itself from case SCO 169a
Counsel--Disqualification--Conflict of interest--Prior representation of prosecution witness--Waiver of conflict SCO 169a
Counsel--Disqualification--Former assistant statewide prosecutor who was in charge of investigative unit from which defendant's prosecution arose 4DCA 455a
Counsel--Ineffectiveness--Aggravated battery using deadly weapon--Reclassification of offense for use of firearm--Failure to object 3DCA 570d
Counsel--Ineffectiveness--Allowing direct appeal to be dismissed for failure to ensure preparation of record and filing of initial brief 1DCA 592b
Counsel--Ineffectiveness--Appeals 3DCA 23a; 3DCA 848a
Counsel--Ineffectiveness--Burglary of dwelling--Failure to attack lack of evidence of intent to commit offense after entry 2DCA 426a
Counsel--Ineffectiveness--Competency of defendant--Allowing defendant to enter plea when defendant was mentally incompetent 4DCA 332a
Counsel--Ineffectiveness--Competency of defendant--Failure to adequately prepare for competency hearing 3DCA 1005a
Counsel--Ineffectiveness--Competency of defendant--Failure to investigate competency to proceed 4DCA 332a
Counsel--Ineffectiveness--Competency of defendant--Failure to investigate defendant's competency or request a competency determination 1DCA 417d
Counsel--Ineffectiveness--Competency of defendant--Failure to move for competency determination SCO 225a
Counsel--Ineffectiveness--Competency of defendant--Failure to obtain competency evaluation prior to probation violation hearing 5DCA 571b
Counsel--Ineffectiveness--Competency of defendant--Failure to raise issue of defendant's competency to participate in legal proceedings 2DCA 858b
Counsel--Ineffectiveness--Conflict of interest 2DCA 1231a
Counsel--Ineffectiveness--Discovery--Failure to request hearing after learning of alleged discovery violation by state 2DCA 1323b
Counsel--Ineffectiveness--Discovery--Failure to take depositions of witnesses and to attend depositions of witnesses--Prejudice SCO 53a
Counsel--Ineffectiveness--Entrapment--Failure to raise and prosecute defense 2DCA 1109b
Counsel--Ineffectiveness--Evidence--Alibi--Failure to present alibi evidence after informing jury during opening statement that alibi defense would be presented SCO 53a
Counsel--Ineffectiveness--Evidence--Expert--Refusal to allow expert to testify to prevailing norms of effective representation in capital cases SCO 106a
Counsel--Ineffectiveness--Evidence--Failure to file motion to exclude 2DCA 1231a
Counsel--Ineffectiveness--Evidence--Failure to move to suppress evidence found during unlawful investigatory stop 2DCA 1210a
Counsel--Ineffectiveness--Evidence--Failure to object to evidence of items found in defendant's backpack at time of arrest 4DCA 473a
Counsel--Ineffectiveness--Evidence--Failure to present evidence implicating prosecution witness in crime SCO 249a
Counsel--Ineffectiveness--Evidence--Failure to present evidence that defendant's accomplice in murder was shooter SCO 230a
Counsel--Ineffectiveness--Expression of satisfaction with counsel's representation during midtrial change of plea hearing 2DCA 1362a
Counsel--Ineffectiveness--Failure to convey negative impact on possible mitigation which resulted from plea agreement retraction SCO 106a
Counsel--Ineffectiveness--Failure to discuss option of arguing motion to suppress before withdrawing motion 2DCA 1036a
Counsel--Ineffectiveness--Failure to file motion to suppress evidence seized pursuant to unlawful detention and arrest 1DCA 211b
Counsel--Ineffectiveness--Failure to move to dismiss charges to which defendant later entered negotiated plea 5DCA 1028a
Counsel--Ineffectiveness--Failure to object to commingling of contents of packages of suspected cocaine to establish trafficking weight of over 400 grams 2DCA 1098b
Counsel--Ineffectiveness--Failure to object to conviction of crime not charged in information--Conviction of grand theft as lesser-included offense of strong arm robbery 5DCA 572a
Counsel--Ineffectiveness--Failure to raise nonmeritorious issue SCO 23a
Counsel--Ineffectiveness--Failure to use telephone records which allegedly reflect that defendant was on telephone call at time he allegedly pointed rifle at police 4DCA 10b
Counsel--Ineffectiveness--Habeas corpus--Ineffectiveness of trial counsel SCO 225a
Counsel--Ineffectiveness--Hearings--Failure to attend--Prejudice SCO 53a
Counsel--Ineffectiveness--Interference with right to testify 2DCA 1362a
Counsel--Ineffectiveness--Jurors--Failure to inform trial judge that prospective jurors had improper conversations with police officers during court recess 3DCA 1129b
Counsel--Ineffectiveness--Jurors--Handling of sleeping juror--Deficiency of performance 4DCA 1336c
Counsel--Ineffectiveness--Jury--Questions--Failure to object to trial court's answer to question posed by jury during deliberations 3DCA 298a
Counsel--Ineffectiveness--Jury instructions--Failure to object to omission of definitions of justifiable and excusable homicide from manslaughter instruction 4DCA 334b
Counsel--Ineffectiveness--Jury instructions--Failure to request jury instruction on justifiable use of non-deadly force--Reasonable trial strategy 1DCA 96a
Counsel--Ineffectiveness--Misadvice regarding applicable mandatory minimum sentence 5DCA 103a
Counsel--Ineffectiveness--Mistrial--Failure to move for mistrial when collateral evidence was made feature of trial 3DCA 298a
Counsel--Ineffectiveness--Plea 2DCA 1231a
Counsel--Ineffectiveness--Plea--Allowing defendant to plead no contest to felony driving while license suspended although defendant did not have requisite prior convictions to support felony charge 5DCA 526b
Counsel--Ineffectiveness--Plea--Failure to advise of maximum sentence 1DCA 973b
Counsel--Ineffectiveness--Plea--Failure to convey plea offer to defendant 3DCA 298a
Counsel--Ineffectiveness--Plea--Failure to finalize more favorable plea agreement 5DCA 103a
Counsel--Ineffectiveness--Plea--Failure to inform defendant that FDLE lab report indicated no semen was found on cervical or oral swabs of child victim of sexual offense 2DCA 1211a
Counsel--Ineffectiveness--Plea--Failure to object when court vacated plea and sentence based upon defendant's refusal to agree to condition not specified in plea agreement 4DCA 1116a
Counsel--Ineffectiveness--Plea--Misadvice regarding strength of motion to suppress 2DCA 1036a
Counsel--Ineffectiveness--Plea--Misadvice that defendant/sex offender could have unsupervised contact with children, work out of state, and not be placed on GPS monitor 2DCA 1211a
Counsel--Ineffectiveness--Plea--Misadvice that victim's failure to appear for trial within time for speedy trial could result in dismissal of prosecution against defendant 4DCA 10c
Counsel--Ineffectiveness--Plea--Offense for which defendant could not be convicted 1DCA 826a
Counsel--Ineffectiveness--Plea--Permitting plea to robbery when no factual basis existed to support plea 4DCA 886b
Counsel--Ineffectiveness--Prejudice 1DCA 1016b; 5DCA 1204a
Counsel--Ineffectiveness--Pretrial proceedings--Waiver of defendant's presence SCO 53a
Counsel--Ineffectiveness--Prosecutorial misconduct--Failure to object--Prejudice SCO 106a
Counsel--Ineffectiveness--Sentencing--Failure to claim entitlement to jail credit for time served 4DCA 71a
Counsel--Ineffectiveness--Sentencing--Failure to make appropriate objection to sentence in excess of plea bargain after defendant failed to appear for sentencing 2DCA 47a
Counsel--Ineffectiveness--Sentencing--Failure to present to court case law standing for proposition that court could impose sentence concurrently to future sentence for violating conditional release 1DCA 278a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Argument--Failure to object to improper argument SCO 53a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Evidence--Prior offenses--Failure to object to testimony of defense witness on cross-examination regarding defendant's prior offenses SCO 287a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Failure to convince defendant that he needed to present mitigation SCO 230a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Failure to obtain complete neuropsychological examination and PET scan which would have established that defendant had organic brain damage SCO 287a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Failure to present mitigation SCO 230a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Investigation or presentation of mitigating evidence--Failure to investigate or present SCO 53a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Investigation or presentation of mitigating evidence--Mental health factors SCO 225a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Investigation or presentation of mitigating evidence--Mental health factors--Failure to call mental health experts--Strategic decision SCO 23a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Investigation or presentation of mitigating evidence--Mental health factors--Failure to have defendant examined by competent mental health professional SCO 93a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Jury instructions--Failure to request instruction on statutory mental mitigation SCO 225a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Mental health evidence--Failure to investigate and present SCO 287a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Mitigating evidence--Failure to present mitigating evidence about defendant's childhood and family SCO 287a
Counsel--Ineffectiveness--Sentencing phase of capital trial--Witnesses--Failure to call--Mental health witness whose testimony would have opened door to unfavorable evidence SCO 225a
Counsel--Ineffectiveness--Sex offenders--Failure to register as sex offender--Failure to advise defendant that he could not be designated as sex offender for offense of false imprisonment if offense had no sexual component 2DCA 495a
Counsel--Ineffectiveness--Speedy trial--Failure to file motion for discharge 1DCA 1029c; 2DCA 1037a
Counsel--Ineffectiveness--Speedy trial--Failure to file notice of expiration of speedy trial 3DCA 773a
Counsel--Ineffectiveness--Speedy trial--Failure to file notice of expiration of speedy trial time--Sufficiency of allegations 4DCA 670a
Counsel--Ineffectiveness--Strategic decisions SCO 23a
Counsel--Ineffectiveness--Substantial assistance agreement--Failure to finalize 5DCA 103a
Counsel--Ineffectiveness--Tactical decisions SCO 225a
Counsel--Ineffectiveness--Voir dire SCO 53a
Counsel--Ineffectiveness--Waiver of claim 4DCA 670a
Counsel--Ineffectiveness--Witnesses--Alibi--Failure to investigate and call witness 5DCA 304a
Counsel--Ineffectiveness--Witnesses--Failure to call SCO 225a; 2DCA 374a; SCO 249a; 3DCA 1005a
Counsel--Ineffectiveness--Witnesses--Failure to call--Issue which could have been raised in prior rule 3.850 motion 3DCA 1092a
Counsel--Ineffectiveness--Witnesses--Failure to call--Strategic decision--Defendant's consent to strategy SCO 53a
Counsel--Ineffectiveness--Witnesses--Failure to call--Sufficiency of claim 1DCA 100d
Counsel--Ineffectiveness--Witnesses--Failure to depose 2DCA 374a
Counsel--Ineffectiveness--Witnesses--Failure to discover and introduce testimony of witness who would have testified that defendant confided to him that defendant had been sexually abused SCO 106a
Counsel--Ineffectiveness--Witnesses--Failure to impeach SCO 53a; SCO 249a
Counsel--Ineffectiveness--Witnesses--Failure to impeach state witness with prior inconsistent statement 2DCA 34b
Counsel--Ineffectiveness--Witnesses--Failure to interview and call witnesses whose testimony would have supported defense of mistaken identity and alibi 2DCA 38a
Counsel--Probation revocation--Self-representation 2DCA 1315b
Counsel--Response to former client's request for copies of criminal records and return of certain documents belonging to client--Mandamus 2DCA 810a
Counsel--Self-representation--Capital case--Appointment of special mitigation counsel over pro se defendant's objection--Consideration of presentence investigation report prior to appointment of special counsel--Necessity SCO 85a
Counsel--Self-representation--Capital case--Appointment of special mitigation counsel over pro se defendant's objection--Discretion of trial court SCO 85a
Counsel--Self-representation--Hearing--Absence of request to proceed pro se 3DCA 23a
Counsel--Self-representation--Hearing--Expression of generalized dissatisfaction with counsel without formal allegation of incompetence 3DCA 23a
Counsel--Self-representation--Inquiry--Adequacy SCO 7a; 2DCA 948a; 2DCA 950a
Counsel--Self-representation--Inquiry--Failure to inquire further or renew offer of counsel at sentencing phase 1DCA 801a; 1DCA 1388f
Counsel--Self-representation--Knowing, voluntary, and intelligent waiver--Inquiry--Adequacy 1DCA 801a
Counsel--Self-representation--Post conviction proceedings--Capital case--Change of mind regarding waiver of counsel--Sufficiency to set aside prior valid waiver and allow reinstatement SCO 370b
Counsel--Self-representation--Post conviction proceedings--Capital case--Knowing, voluntary, and intelligent waiver of counsel SCO 370b
Counsel--Self-representation--Probation revocation 2DCA 1315b
Counsel--Self-representation--Renewal of offer of counsel at critical stage of proceedings--Sentencing 2DCA 948a
Counsel--Self-representation--Unequivocal request--Defendant maintaining desire to discharge appointed counsel and represent himself following Nelson inquiry--Continued statements by defendant that he preferred substitute counsel SCO 365a
Counsel--Sentencing--Resentencing--Failure to appoint counsel 1DCA 1017c
Counsel--Sentencing--Resentencing--Waiver of counsel--Absence 1DCA 1017c
Counsel--Standby counsel--Sentencing phase of capital trial--Restriction to responding to questions by defendant SCO 7a
Counsel--Waiver--Capital case--Appointment of special mitigation counsel over pro se defendant's objection--Consideration of presentence investigation report prior to appointment of special counsel--Necessity SCO 85a
Counsel--Waiver--Capital case--Appointment of special mitigation counsel over pro se defendant's objection--Discretion of trial court SCO 85a
Counsel--Waiver--Inquiry--Adequacy SCO 7a; 2DCA 948a; 2DCA 950a
Counsel--Waiver--Inquiry--Failure to inquire further or renew offer of counsel at sentencing phase 1DCA 801a; 1DCA 1388f
Counsel--Waiver--Knowing, voluntary, and intelligent waiver--Inquiry--Adequacy 1DCA 801a
Counsel--Waiver--Post conviction proceedings--Capital case--Change of mind regarding waiver of counsel--Sufficiency to set aside prior valid waiver and allow reinstatement SCO 370b
Counsel--Waiver--Post conviction proceedings--Capital case--Knowing, voluntary, and intelligent waiver SCO 370b
Counsel--Waiver--Renewal of offer of counsel at critical stage of proceedings--Sentencing 2DCA 948a
Counsel--Waiver--Unequivocal request--Defendant maintaining desire to discharge appointed counsel and represent himself following Nelson inquiry--Continued statements by defendant that he preferred substitute counsel SCO 365a
Court records--Sealing--Eligibility--Petitioner previously receiving order sealing judicial records in separate criminal case 5DCA 1027a
Cross-examination--Defendant--Comment on exercise of right to remain silent--Harmless error 5DCA 79a
Cross-examination--Defendant's opinion as to whether another witness was lying--Appeals--Preservation of issue 3DCA 1237a
Cross-examination--Limitation--Prosecution witness--Maximum penalty which witness was hoping to mitigate by testifying against defendant 2DCA 1212a
Cross-examination--Restrictions--Polygraph 4DCA 239a
Cruel and/or unusual punishment--Sentencing--Death penalty--Prolonged time on death row SCO 64a
Cruel and/or unusual punishment--Sentencing--Life imprisonment for crimes committed when defendant was juvenile--Sentence imposed upon revocation of probation when defendant was 21 years old 1DCA 313b
Dealing in stolen property--Evidence--Statements of defendant--Corpus delicti--Independent establishment--Evidence of defendant pushing garbage can of twenty to thirty fishing poles in middle of night 4DCA 401a
Dealing in stolen property--Grand theft--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Dealing in stolen property--Grand theft--Separate convictions arising from same courses of conduct in which defendant removed watch from victim's home and pawned it 4DCA 16a
Dealing in stolen property--Knowledge that property was stolen--Sufficiency of evidence 4DCA 564a
Delivery of cocaine--Constitutionality of statute--Absence of knowledge requirement 1DCA 1391b
Delivery of cocaine--Knowledge--Sufficiency of evidence 5DCA 1256b
Deriving support from proceeds of prostitution--Escort service manager--Evidence--Hearsay--Testimonial out-of-court statements--Audiotape of conversation between undercover officer and escort 1DCA 1134a
Deriving support from proceeds of prostitution--Escort service manager--Sufficiency of evidence 1DCA 1134a
Discovery--Confidential informant--Disclosure--Informant whose controlled buy supplied basis for search warrant and ultimate arrest of defendant on new drug charges of which defendant was ultimately acquitted but which formed basis for probation revocation 4DCA 499a
Discovery--Defendant's failure to comply--Failure to list witness--Exclusion of witness 1DCA 146c
Discovery--Defendant's failure to comply--Failure to list witness--Inquiry--Failure to conduct 1DCA 146c
Discovery--Intoxilyzer source code--Subpoena duces tecum directed to registered agent of foreign corporation doing business in Florida--Uniform Law to Secure the Attendance of Witnesses from Within or Without the State in Criminal Proceedings--Applicability of statute 2DCA 1357b
Discovery--Investigative subpoenas--Cell phones--Historical site records 4DCA 63a
Discovery--Probation revocation--Confidential informant--Disclosure--Informant whose controlled buy supplied basis for search warrant and ultimate arrest of defendant on new drug charges of which defendant was ultimately acquitted but which formed basis for probation revocation 4DCA 499a
Discovery--State's Failure to comply--DNA swab--Failure to "disclose" DNA swabs by physically providing them to defendant 4DCA 70a
Discovery--State's failure to comply--Failure to disclose change in deposition testimony of DNA expert--Mistrial--Reasonable possibility that discovery violation materially hindered defendant's trial preparation or strategy 4DCA 67a
Discovery--State's failure to comply--Failure to disclose defendant's alleged threats against victim until middle of trial--Inquiry--Adequacy 4DCA 788b
Discovery--State's failure to comply--Failure to disclose defendant's oral statement to victim--Inquiry--Adequacy 4DCA 788b
Discovery--State's failure to comply--Failure to disclose reports undermining accuracy or reliability of comparative bullet-lead analysis--Post conviction relief 2DCA 36b
Discovery--State's failure to comply--Impeachment evidence SCO 249a
Discovery--State's failure to comply--Mistrial--Reasonable possibility that discovery violation materially hindered defendant's trial preparation or strategy 4DCA 67a
Discovery--State's failure to comply--Plea deal between state and witness--Post conviction relief SCO 211a
Discovery--State's failure to comply--Suppression of evidence that key state witness had sexual affair with state attorney investigator--Post conviction relief SCO 211a
Discovery--State's failure to comply--Withholding of exculpatory evidence--Post conviction relief SCO 53a
Discovery--State's failure to comply--Witnesses--Exclusion 5DCA 214d
Discovery--Witnesses--Failure to list witness until 13 days before trial--Exclusion of witness--Hearing 1DCA 678a
Dismissal--Carrying concealed weapon by convicted felon--Absence of written traverse by state or additional facts to bring knife outside definition of common pocketknife 2DCA 271a
Dismissal--Failure to disclose identity of confidential informant--Disclosure essential to establishing specific defense--Colorability of defense 2DCA 631d
Dismissal--Failure to disclose identity of confidential informant--Necessity of informant's testimony to establish specific defense--In camera hearing 2DCA 631d
Dismissal--Immunity from prosecution--Stand Your Ground law--Shooting after threat of imminent death or bodily harm had passed 2DCA 119a
Dismissal--State's traverse creating material issue of fact 1DCA 275c; 1DCA 1012a
Dismissal--State's traverse disputing material facts and asserting additional material facts 3DCA 1306a
Dismissal--Trafficking in oxycodone--Traverse by state--Specific denial in traverse that defendant's spouse had valid prescription and that defendant was custodian for her ill spouse of oxycodone in her change purse 4DCA 885a
DNA--Evidence--Admission of test results without supporting statistical evidence--Appeals--Preservation of issue SCO 313a
DNA evidence--Swab--Disclosure by state--Failure to "disclose" DNA swabs by physically providing them to defendant 4DCA 70a
DNA testing--Post conviction testing--Failure to demonstrate how DNA testing would exonerate defendant or mitigate his sentence SCO 206a
Double jeopardy--Dealing in stolen property--Grand theft--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Double jeopardy--Dealing in stolen property--Grand theft--Separate convictions arising from same courses of conduct in which defendant removed watch from victim's home and pawned it 4DCA 16a
Double jeopardy--False imprisonment--Two adjudications 5DCA 856a
Double jeopardy--Furnishing firearm to minor--Manslaughter by culpable negligence--Separate convictions arising out of single criminal episode 1DCA 148a
Double jeopardy--Grand theft--Dealing in stolen property--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Double jeopardy--Grand theft--Dealing in stolen property--Separate convictions arising from same courses of conduct in which defendant removed watch from victim's home and pawned it 4DCA 16a
Double jeopardy--Leaving scene of accident--Multiple convictions--Separate convictions arising out of single criminal episode 4DCA 938b
Double jeopardy--Lewd or lascivious battery--Lewd or lascivious molestation--Separate convictions arising out of single criminal episode--Adjudication of guilt as to one offense and withholding of adjudication as to second offense 1DCA 442a
Double jeopardy--Lewd or lascivious molestation--Sexual battery--Separate convictions arising out of single criminal episode 1DCA 1378a
Double jeopardy--Manslaughter by culpable negligence--Furnishing firearm to minor--Separate convictions arising out of single criminal episode 1DCA 148a
Double jeopardy--Multiple convictions and punishments for same criminal offense--"Conviction"--Adjudication withheld 1DCA 442a
Double jeopardy--Organized scheme to defraud--Grand theft--Separate convictions arising from same conduct 4DCA 649b
Double jeopardy--Possession of cannabis over twenty grams--Possession of cannabis with intent to sell or deliver--Separate convictions 4DCA 821a
Double jeopardy--Possession of cannabis with intent to sell--Possession of more than twenty grams of cannabis--Separate convictions 4DCA 562a
Double jeopardy--Probation--Modification--Enhancement of conditions in absence of affidavit of violation 2DCA 324a
Double jeopardy--Resisting officer with violence--Resisting officer without violence--Separate convictions--Separate episodes of resisting two different officers 1DCA 596a
Double jeopardy--Retrial after mistrial--Defendant requesting mistrial--Defendant not goaded by state into asking for mistrial SCO 281a
Double jeopardy--Retrial after mistrial--Manifest necessity for mistrial--Juror suffering seizure and being hospitalized during deliberations SCO 281a
Double jeopardy--Retrial after mistrial--Manifest necessity for mistrial--Temporary Department of Corrections quarantine preventing defendant from attending trial 3DCA 354a
Double jeopardy--Sentencing--Credit for time served--Reduction of credit included in original sentencing order 1DCA 687c
Double jeopardy--Sentencing--Credit for time served--Removal of credit included in original sentencing order 2DCA 311a
Double jeopardy--Sentencing--Extension of incarcerative portion of habitual offender sentence after defendant had begun serving sentence 2DCA 322b
Double jeopardy--Sentencing--Increase in sentence following lunch break--Illegal sentence 2DCA 598d
Double jeopardy--Sexual battery--Lewd or lascivious molestation--Separate convictions arising out of single criminal episode 1DCA 1378a
Driving under influence--Discovery--Intoxilyzer source code--Subpoena duces tecum directed to registered agent of foreign corporation doing business in Florida--Uniform Law to Secure the Attendance of Witnesses from Within or Without the State in Criminal Proceedings--Applicability of statute 2DCA 1357b
Driving under influence--Driver of vehicle involved in crash--Sufficiency of evidence 1DCA 798a
Driving under influence--Evidence--Field sobriety exercises--Refusal to participate--Reasonable suspicion justifying request for exercises--HGN test result, combined with speeding, odor of alcohol, and other signs of impairment 2DCA 1148b
Driving under influence--Evidence--Horizontal Gaze Nystagmus--Reasonable suspicion justifying request for HGN exercise--Speeding, odor of alcohol, and bloodshot eyes 2DCA 1148b
Driving under influence--Evidence--Refusal to submit to breath test--Refusal based on confusion regarding right to counsel 4DCA 666a
Driving under influence--Felony--Prior convictions--Jury trial--Waiver 4DCA 650a
Driving under influence--Felony--Prior convictions--Sufficiency of evidence 4DCA 650a
Driving under influence causing injury or damage--Damage to property of another--Sufficiency of evidence 2DCA 984b
Driving under influence causing serious bodily injury--Driver's license revocation--Incorrect statute cited by court 4DCA 938a
Driving with canceled, suspended or revoked license--Knowledge of suspension--Inference--Flight from police 4DCA 446c
Driving with canceled, suspended or revoked license--Knowledge of suspension--Presumption--Suspensions resulting from judgment or court order--Administrative suspension for failure to pay traffic fines 4DCA 446c
Driving with canceled, suspended or revoked license as habitual traffic offender--Use of pre-1997 convictions to enhance conviction 5DCA 755c
Driving without license--Evidence--Accident report privilege 1DCA 1386a
Due process--Entrapment--Outrageous government conduct--Reverse sting coordinated by private volunteer organization--Absence of supervision or monitoring by law enforcement--Conversations between defendant and decoy electronically recorded and stored 5DCA 803c
Due process--Entrapment--Outrageous government conduct--Reverse sting coordinated by private volunteer organization--Organization paid contingency fee by national broadcasting company 5DCA 803c
Due process--Entrapment--Outrageous government conduct--Reverse sting coordinated by private volunteer organization--Volunteers entering online chat rooms and waiting for someone to solicit sexual activity from person believed to be minor 5DCA 803c
DUI manslaughter--Evidence--Lay opinion--Testimony that defendant's use of word "throwed" meant that he was under influence of drugs or alcohol--Absence of knowledge based on personal perception or need to resort to opinion to communicate adequately to jury what was heard 1DCA 589b
Entrapment--Outrageous government conduct--Reverse sting coordinated by private volunteer organization--Absence of supervision or monitoring by law enforcement--Conversations between defendant and decoy electronically recorded and stored 5DCA 803c
Entrapment--Outrageous government conduct--Reverse sting coordinated by private volunteer organization--Organization paid contingency fee by national broadcasting company 5DCA 803c
Entrapment--Outrageous government conduct--Reverse sting coordinated by private volunteer organization--Volunteers entering online chat rooms and waiting for someone to solicit sexual activity from person believed to be minor 5DCA 803c
Escape--Argument--Restrictions on comments by defense counsel concerning lawful custody element of escape charge--Jury instructed to consider whether defendant was in lawful custody 3DCA 403a
Escape--Lawful custody--Argument--Restrictions on comments by defense counsel concerning lawful custody element of escape charge 3DCA 403a
Escape--Unlawful arrest--Arrest arising from discovery of controlled substance during detention for sole purpose of issuing trespass warning 4DCA 1177b
Evidence--Abortion--Contemplation of aborting child during pregnancy by defendant charged with aggravated manslaughter of child 3DCA 512a
Evidence--Accident report privilege 1DCA 1386a
Evidence--Aggravated battery--Victim's previous acts of violence--Defendant's knowledge 1DCA 1160a
Evidence--Aggravated battery on law enforcement officer--Permanent disability resulting from offense 1DCA 963b
Evidence--Aggravated battery with deadly weapon--Battery victim's descriptions of doctor's explanations regarding necessity for certain treatment--Harmless error 2DCA 531a
Evidence--Aggravated battery with deadly weapon--Results of test firing of BB gun found in defendant's vehicle--Relevancy 4DCA 335a; 4DCA 1070a
Evidence--Aggravated manslaughter of child--Defendant's contemplation of aborting child during pregnancy 3DCA 512a
Evidence--Armed burglary--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Evidence--Armed robbery--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Evidence--Arrest record of defendant--Rebuttal to state's playing of videotape on which officer asked defendant if he had ever been arrested, but defendant's response was not audible 1DCA 714b
Evidence--Attempted sexual battery--Statements of defendant--Vague apologies to wife and victim during cell phone conversation with wife and in recorded cell phone messages 2DCA 375a
Evidence--Battery--Statements of defendant--Vague apologies to wife and victim during cell phone conversation with wife and in recorded cell phone messages 2DCA 375a
Evidence--Best evidence rule 4DCA 287b
Evidence--Bolstering 5DCA 146b
Evidence--Bolstering of credibility of victim 3DCA 763b
Evidence--Burglary of dwelling--Victim's testimony regarding calls defendant's mother made to victim, which intimidated victim--Evidence neither used to explain inconsistency in testimony nor as impeachment 4DCA 1054a
Evidence--Burglary with deadly weapon--Results of test firing of BB gun found in defendant's vehicle--Relevancy 4DCA 335a; 4DCA 1070a
Evidence--Cauldron in which murder weapon was found--Prejudice--Risk that jurors might know that cauldron was used in practice of Santeria 3DCA 768b
Evidence--Cell phones--Historical site records 4DCA 63a
Evidence--Character of defendant--Prosecution witness's reference to fact that there was warrant out for defendant's arrest for a different offense 1DCA 1007a
Evidence--Child abuse--Similar fact--Observation of defendant shaking a different child, without resulting injury, on two occasions six years earlier 1DCA 1273b
Evidence--Collateral crimes--Possession of fake I.D. cards--Reasonable possibility that testimony about identifications affected jury verdict 4DCA 1068b
Evidence--Collateral crimes--Possession of fake I.D. cards--Relevancy 4DCA 1068b
Evidence--Confession--Corpus delicti--Independent establishment 4DCA 399b; 4DCA 401a; 4DCA 616a
Evidence--Confession--Corpus delicti--Independent establishment--Murder 4DCA 328a; 4DCA 1068b
Evidence--Confession--Corpus delicti--Independent establishment--Murder--Criminal agency of another person causing death of victim 4DCA 1068b
Evidence--Confession--Custody--Accusatory confrontation indicating that police had defendant's pants with blood from murder scene SCO 295a
Evidence--Confession--Interrogation--Question after arrest as to whether defendant would like to make a post-Miranda statement 4DCA 246a
Evidence--Confession--Voluntariness--Delayed administration of Miranda warnings--Downplaying of warnings, once given SCO 295a
Evidence--Confession--Voluntariness--Miranda warning--Adequacy SCO 323a
Evidence--Confession--Voluntariness--Promises of leniency 4DCA 563a
Evidence--Confession--Waiver of rights--Voluntariness--Downplaying of importance of warnings by interrogating officer SCO 295a
Evidence--Credibility of witness--Officer's opinion that witness's statements concerning crime were truthful--New trial SCO 133a
Evidence--DNA results--Admission of evidence without supporting statistical evidence--Appeals--Preservation of issue SCO 313a
Evidence--Driving under influence--Field sobriety exercises--Refusal to participate--Reasonable suspicion justifying request for exercises--HGN test result, combined with speeding, odor of alcohol, and other signs of impairment 2DCA 1148b
Evidence--Driving under influence--Horizontal Gaze Nystagmus--Reasonable suspicion justifying request for HGN exercise--Speeding, odor of alcohol, and bloodshot eyes 2DCA 1148b
Evidence--Driving under influence--Refusal to submit to breath test--Refusal based on confusion regarding right to counsel 4DCA 666a
Evidence--Expert--Crime scene investigator--Harmless error 3DCA 49b
Evidence--Expert--Law enforcement officer--Opinion that murder crime scene was consistent with sexually motivated crime SCO 169a
Evidence--Expert--Lewd or lascivious molestation of child--Formation of children's memories 1DCA 678a
Evidence--Expert--Medical examiner--Opinion that rape of murder victim occurred SCO 169a
Evidence--Flight SCO 13a
Evidence--Grand theft--Store surveillance tape--Store manager's description of tape's contents--Best evidence rule 4DCA 287b
Evidence--Grand theft--Value of stolen property--Property stolen from school--Principal's testimony regarding price of objects, condition at time of crime, and cost to replace 3DCA 1239a
Evidence--Grand theft--Value of stolen property--Testimony that television had been purchased six months earlier for "about $1400" 4DCA 196a
Evidence--Hearsay--Calling of witness for purpose of impeaching her with taped telephone conversation which was inadmissible hearsay 4DCA 618a
Evidence--Hearsay--Demonstration of victim's description of manner in which defendant touched him 4DCA 608a
Evidence--Hearsay--DNA analyst--Testimony that she witnessed her colleague initial envelope containing swabs 4DCA 70a
Evidence--Hearsay--Exceptions--Business records--Records of regularly conducted business SCO 13a
Evidence--Hearsay--Exceptions--Dying declaration 4DCA 1286a
Evidence--Hearsay--Exceptions--Excited utterance--Statements victim made to officers shortly after attack 4DCA 67a
Evidence--Hearsay--Exceptions--Excited utterance--Statements witness gave to police officer at scene--Time for reflective thought--Harmless error 4DCA 887a
Evidence--Hearsay--Exceptions--Medical diagnosis or treatment--Battery victim's descriptions of doctor's explanations regarding necessity for certain treatment 2DCA 531a
Evidence--Hearsay--Exceptions--Medical diagnosis or treatment--Statement victim made to nurse that her attacker threatened her with gun 4DCA 67a
Evidence--Hearsay--Exceptions--Past recollection recorded--Taped telephone conversation--Witness unable or unwilling to attest to accuracy of taped conversation 4DCA 618a
Evidence--Hearsay--Exceptions--Public records--Letter from records custodian of state agency indicating defendant had not been granted license to carry concealed firearm 4DCA 622a
Evidence--Hearsay--Exceptions--State of mind--Murder victim's letter written five days before his disappearance 4DCA 1068b
Evidence--Hearsay--Exceptions--Statements of child victim of sexual offense 3DCA 1132a
Evidence--Hearsay--Exceptions--Statements of child victim of sexual offense--Multiple witnesses--Appeals--Preservation of issue 1DCA 716a
Evidence--Hearsay--Probation revocation proceedings 2DCA 47b
Evidence--Hearsay--Sentencing--Prison Releasee Reoffender Act--Release date--Department of Corrections Crime and Time Report--Authentication--DOC release date letter SCO 117a
Evidence--Hearsay--Statements not offered to prove truth of matter asserted 3DCA 763b
Evidence--Hearsay--Statements of non-testifying witness which inferred that witness had observed defendant 3DCA 1242b
Evidence--Hearsay--Testimonial out-of-court statements--Presentence investigation report--Appeals--Preservation of issue SCO 85a
Evidence--Hearsay--Testimonial out-of-court statements--Statements on 911 tape 3DCA 184a
Evidence--Hearsay--Testimonial out-of-court statements--Statements which reasonable person would not have anticipated being later used for prosecutorial purposes 1DCA 1134a
Evidence--Identification--Line-up--Counsel--Failure to offer assistance of counsel before photographic and live line-ups SCO 108a
Evidence--Identification--Photographic array 4DCA 744a
Evidence--Identification--Photographic lineup--Suggestiveness--Defendant only common denominator in second of two lineups 4DCA 140a
Evidence--Impeachment--Calling of defendant's ex-wife for sole purpose of impeaching her with prior inconsistent statements which incriminated defendant 4DCA 389b
Evidence--Impeachment--Calling of witness for purpose of impeaching her with taped telephone conversation which was inadmissible hearsay 4DCA 618a
Evidence--Impeachment--Collateral matters--Deputy's off-duty status on day of crime--Witness linking memory of defendant's presence to encounter with deputy on date in question 4DCA 126a
Evidence--Lay opinion--Testimony that defendant's use of word "throwed" meant that he was under influence of drugs or alcohol--Absence of knowledge based on personal perception or need to resort to opinion to communicate adequately to jury what was heard 1DCA 589b
Evidence--Lewd or lascivious molestation--Address of defendant on date of incident 1DCA 1393a
Evidence--Lewd or lascivious molestation--Legality of defendant's presence in United States 1DCA 1393a
Evidence--Lewd or lascivious molestation--Other crimes, wrongs, or acts--Similar acts of child molestation 1DCA 1393a
Evidence--Murder--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Evidence--Murder--Hearsay--Exceptions--Excited utterance--Statements witness gave to police officer at scene--Time for reflective thought--Harmless error 4DCA 887a
Evidence--Murder--Other crimes, wrongs, or acts--Murder and sexual battery of a different victim--Similarities SCO 169a
Evidence--Murder--Other crimes, wrongs, or acts--Murder and sexual battery of a different victim--Waiver of issue--Subsequent motion to consolidate all charges SCO 169a
Evidence--Murder--Photographic--Picture of defendant, codefendants, and third party not involved in crimes partying at beach prior to crimes SCO 153a
Evidence--Murder--Premeditation--Medical and expert testimony inconsistent with hypothesis that shooting was accidental 4DCA 1286a
Evidence--Murder--Reference by witnesses to fact that murder occurred on Easter Sunday SCO 323a
Evidence--Murder--Threat by third party to strangle one of victims defendant was accused of murdering--Exclusion of evidence SCO 169a
Evidence--Murder--Victim's reputation for violence--Exclusion of evidence--Absence of predicate demonstrating proffered witness had sufficient knowledge of victim's reputation for violence 4DCA 1285b
Evidence--Murder--Witness's occupation--Victim's son/attorney SCO 323a
Evidence--Murder victim's drug use and acceptance of sexual favors in lieu of back rent SCO 13a
Evidence--Murder victim's prior arrest for conspiracy to kill his wife SCO 13a
Evidence--Newly discovered--Bias of trial judge--Post conviction relief SCO 211a
Evidence--Newly discovered--Post conviction relief--Accomplice's confession to being shooter in murder--Evidence which would not probably produce acquittal at new trial SCO 230a
Evidence--Newly discovered--Post conviction relief--Discrediting or abandonment of scientific theory advanced by state at trial--Comparative bullet lead analysis used by FBI and subsequently abandoned as unreliable 2DCA 122a
Evidence--Newly discovered--Post conviction relief--Evidence which would not probably produce acquittal on retrial 4DCA 336a
Evidence--Newly discovered--Post conviction relief--Florida Department of Law Enforcement lab report--Absence or reasonable probability that report would produce acquittal or lesser sentence SCO 64a
Evidence--Newly discovered--Post conviction relief--National Academy of Science report on forensic science--Report not newly discovered evidence SCO 64a
Evidence--Newly discovered--Post conviction relief--Prosecutorial misconduct--Knowing use of false testimony that jailhouse informant was not acting as agent of state when he gathered information from defendant SCO 43a
Evidence--Newly discovered--Post conviction relief--Recanted testimony 2DCA 705b
Evidence--Newly discovered--Post conviction relief--Recanted testimony--Sworn witness affidavit--Necessity 2DCA 45a
Evidence--Newly discovered--Post conviction relief--Reports demonstrating that comparative bullet-lead analysis presented by FBI agent was flawed 2DCA 36b
Evidence--Newly discovered--Post conviction relief--Successive motion--Evidence known to defendant's counsel at time of initial post conviction proceeding SCO 348a
Evidence--Newly discovered--Post conviction relief--Timeliness of claim SCO 230a
Evidence--Newly discovered--Post conviction relief--Timeliness of motion--Evidence which could have been discovered within two-year period 5DCA 103c
Evidence--Newly discovered--Post conviction relief--Warnings of side effects of Zoloft which might have supported involuntary intoxication defense--Evidence which would not probably produce acquittal on retrial 4DCA 336a
Evidence--Newly discovered--Recanted testimony--Post conviction relief SCO 211a
Evidence--Other crimes--Witness's reference to defendant's involvement in uncharged crime--Mistrial--Denial of motion SCO 313a
Evidence--Other crimes, wrongs or acts--Acts during course of dissolution of marriage proceedings--Feature of trial 3DCA 647a
Evidence--Other crimes, wrongs, or acts--Child abuse--Observation of defendant shaking a different child, without resulting injury, on two occasions six years earlier 1DCA 1273b
Evidence--Other crimes, wrongs, or acts--Child molestation 1DCA 1393a
Evidence--Other crimes, wrongs, or acts--Feature of trial--Multiple collateral crimes witnesses 4DCA 12b
Evidence--Other crimes, wrongs, or acts--Murder and sexual battery--Pending murder-rape charge involving different victim--Similarities SCO 169a
Evidence--Other crimes, wrongs, or acts--Murder and sexual battery--Pending murder-rape charge involving different victim--Waiver of issue--Subsequent motion to consolidate all charges SCO 169a
Evidence--Other crimes, wrongs, or acts--Prosecution witness's reference to fact that there was warrant out for defendant's arrest for a different offense 1DCA 1007a
Evidence--Other crimes, wrongs, or acts--Sexual activity with minor--Testimony of other victims--Variations in extent of defendant's sexual contact with each victim 4DCA 12b
Evidence--Photographic--Autopsy photographs SCO 169a
Evidence--Photographic--Lewd or lascivious molestation of child--Photograph of child victim's physical examination--Relevancy 4DCA 742b
Evidence--Photographic--Photographs produced from surveillance video--Duplicates 3DCA 49c
Evidence--Photographic--Picture of defendant, codefendants, and third party not involved in crimes partying at beach prior to crimes SCO 153a
Evidence--Plea negotiations--Confession letter sent to prosecutor and trial judge--Unsolicited, unilateral utterance 5DCA 79a
Evidence--Polygraph--Prosecution witness--Cross-examination regarding witness's polygraph examination--Refusal to allow 4DCA 239a
Evidence--Polygraph--Prosecution witness--Passing reference to fact that witness had gone to state attorney's office to take polygraph 4DCA 239a
Evidence--Possession of cocaine with intent to sell--Seven bags of suspected cocaine, only one of which had been laboratory tested--Amount of cocaine not element of offense 4DCA 1281b
Evidence--Prescriptions obtained from pharmacy--Suppression--Evidentiary hearing 2DCA 224a
Evidence--Prior consistent statements--Rebuttal of implication of improper motive or recent fabrication SCO 133a
Evidence--Prior convictions--Defendant opening door to impeachment through prior convictions 4DCA 399b
Evidence--Prior inconsistent statements--Proper foundation--Absence of testimony at trial inconsistent with prior deposition testimony 4DCA 1280b
Evidence--Prior inconsistent statements--Witness's ability to recount four incidents involving defendant at pre-trial deposition, but inability to recall fourth incident at trial 4DCA 1280b
Evidence--Prosecution witness's fear of victim SCO 169a
Evidence--Records of regularly conducted business--Foundation SCO 13a
Evidence--Reputation of murder victim--Prior rude, threatening, and aggressive conduct outside defendant's house--Absence of evidence that defendant was aware of victim's conduct 4DCA 1232a
Evidence--Reputation of murder victim for violence--Exclusion of evidence--Absence of predicate demonstrating proffered witness had sufficient knowledge of victim's reputation for violence 4DCA 1285b
Evidence--Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Contents of BOLO dispatch 4DCA 879b
Evidence--Retail receipts--Records of regularly conducted business SCO 13a
Evidence--Robbery with deadly weapon--Results of test firing of BB gun found in defendant's vehicle--Relevancy 4DCA 335a; 4DCA 1070a
Evidence--Second degree murder--Victim's reputation--Prior rude, threatening, and aggressive conduct outside defendant's house--Absence of evidence that defendant was aware of victim's conduct 4DCA 1232a
Evidence--Sexual battery--Defendant's treatment of victim before and after sexual assault 3DCA 763b
Evidence--Sexual battery on child--Reputation of defendant for sexual morality--Relevance 1DCA 718b; 1DCA 1165a
Evidence--Silence of defendant--Harmless error--Proper analysis SCO 117a
Evidence--Silence of defendant--Opening the door--Questions to codefendant and detective narrowly tailored to establish that police "set up" codefendants against one another by falsely indicating that defendant had made statements implicating codefendant 2DCA 325a
Evidence--State of mind--Defendant's statement made shortly before shooting that he wanted to shoot someone's head off 3DCA 514a
Evidence--Statements of defendant--Adoptive admissions SCO 13a
Evidence--Statements of defendant--Corpus delicti--Failure to establish 2DCA 1316a
Evidence--Statements of defendant--Corpus delicti--Independent establishment 4DCA 399b; 4DCA 401a
Evidence--Statements of defendant--Corpus delicti--Independent establishment--Murder 4DCA 1068b
Evidence--Statements of defendant--Corpus delicti--Independent establishment--Murder--Criminal agency of another person causing death of victim 4DCA 1068b
Evidence--Statements of defendant--Custody--Accusatory confrontation indicating that police had defendant's pants with blood from murder scene SCO 295a
Evidence--Statements of defendant--Custody--Interview of 11-year-old in small room under camera surveillance without presence of defendant's mother for purpose of obtaining incriminating responses 4DCA 1055a
Evidence--Statements of defendant--Custody--Ramirez factors 4DCA 1055a
Evidence--Statements of defendant--Date of birth 3DCA 1003a
Evidence--Statements of defendant--Delay between Miranda warning and waiver of rights and subsequent interrogation SCO 169a
Evidence--Statements of defendant--Failure to readvise defendant of rights after delay between Miranda warning/waiver and subsequent interrogation SCO 169a
Evidence--Statements of defendant--Jail inmate--Failure to give Miranda warning 2DCA 371a
Evidence--Statements of defendant--Messages on wife's cell phone making vague apologies to wife and victim 2DCA 375a
Evidence--Statements of defendant--Miranda warning--Jail inmate--Necessity to give Miranda warning without exception 2DCA 371a
Evidence--Statements of defendant--Statement made shortly before shooting that defendant wanted to shoot someone's head off 3DCA 514a
Evidence--Statements of defendant--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Codefendant acting as agent of state 4DCA 241a
Evidence--Statements of defendant--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Detective repeatedly and convincingly assuring defendant that interrogation room was private and no recording was being made 4DCA 241a
Evidence--Statements of defendant--Statements made subsequent to invocation of right to counsel--Counsel invoked with respect to extradition proceedings 5DCA 1206a
Evidence--Statements of defendant--Statements made subsequent to invocation of right to counsel--Police-initiated interrogation--Florida constitutional provision--Interpretation in light of recent U.S. Supreme Court precedent 5DCA 1206a
Evidence--Statements of defendant--Uncharged offenses--Admission that defendant had obtained gun used in murder in uncharged residential burglary 3DCA 846a
Evidence--Statements of defendant--Vague apologies to wife and victim during cell phone conversation with wife 2DCA 375a
Evidence--Statements of defendant--Voluntariness--Delay between Miranda warnings and taped statement SCO 374a
Evidence--Statements of defendant--Voluntariness--Delayed administration of Miranda warnings--Downplaying of warnings, once given SCO 295a
Evidence--Statements of defendant--Voluntariness--Miranda warning--Adequacy SCO 323a
Evidence--Statements of defendant--Voluntariness--Officer's promise to help defendant at trial if he cooperated SCO 374a
Evidence--Statements of defendant--Waiver of rights--Voluntariness--Downplaying of importance of warnings by interrogating officer SCO 295a
Evidence--Tampering--Abandonment--Tossing contraband from moving vehicle after officer had activated patrol vehicle lights in effort to effect traffic stop 5DCA 1204b
Evidence--Tape recordings--Defendant's jailhouse phone calls--Adoptive admissions SCO 13a
Evidence--Tape recordings--Victim's interception of phone communication--Verbal authorization of law enforcement officer to tape any phone conversation with suspect 4DCA 617a
Evidence--Trafficking in cocaine--Cash on defendant's person at time of arrest 1DCA 714b
Evidence--Uncharged collateral crimes--Possession of methamphetamine at time of arrest--Evidence inextricably intertwined with crimes charged 5DCA 79a
Evidence--Uncharged offenses--Defendant's admission that he obtained gun used in murder in uncharged residential burglary 3DCA 846a
Evidence--Urinalysis test results--Exclusion--Break in chain of custody--Absence of evidence of probability of tampering 2DCA 583a
Evidence--Urinalysis test results--Exclusion--Violation of right to confrontation--Absence of evidence that tests were for prosecutorial purposes rather than medical reasons 2DCA 583a
Evidence--Witness's reluctance to testify--Question of witness as to whether he was worrying about testifying 3DCA 514a
Exploitation of child--Entrapment--Reverse sting coordinated by private volunteer organization--Volunteers entering online chat rooms and waiting for someone to solicit sexual activity from person believed to be minor 5DCA 803c
Failure to register as sex offender--Challenge to designation as sex offender 2DCA 495a
Failure to register as sex offender--Jury instructions--Standard instruction--Amendment SCO 1a
False imprisonment--Double jeopardy--Two adjudications 5DCA 856a
False name to law enforcement officer--Lawful detention 3DCA 25a
False testimony--Presentation by state--Post conviction relief SCO 249a
False testimony--Presentation by state--Post conviction relief--Attachment of portions of record conclusively refuting claim 2DCA 705b
False testimony--Presentation by state--Post conviction relief--Failure to establish that testimony was false or that state knew that testimony was false SCO 53a
Felony driving under influence--Prior convictions--Jury trial--Waiver 4DCA 650a
Felony driving under influence--Prior convictions--Sufficiency of evidence 4DCA 650a
Felony murder--Attempt--Act of shooting victim used to prove both attempted felony murder and underlying robbery offense SCO 194a
Felony murder--Attempt--Lesser included offenses--Attempted second degree murder--Allegations in charging document and proof at trial not supporting element of depraved mind SCO 194a
Felony murder--Jury instructions--Independent act--Refusal to give requested instruction 5DCA 262a; 5DCA 263a
Felony murder--Sufficiency of evidence SCO 256a
Felony murder--Teenager behind wheel of vehicle at time companions attempted to rob prospective drug buyers and one of companions shot one of the prospective buyers--Companions convicted of second-degree murder 2DCA 427a
Felony murder--Underlying felony--Aggravated child abuse 2DCA 1361a
Felony murder--Underlying felony--Aggravated child abuse--Merger doctrine--Applicability--Single act of abuse leading to child's death--Multiple acts occurring where child was held beneath surface of swimming pool long enough to produce unconsciousness and then death 1DCA 1014a
Felony murder--Underlying felony--Aggravated child abuse--Merger doctrine--Applicability--Single act of abuse leading to child's death 1DCA 1014a
Felony murder--Underlying felony--Burglary--Failure to argue that consent for entry could not be revoked after crimes were committed--Ineffective assistance of counsel SCO 23a
Felony murder--Underlying felony--Escape from scene of crime--High-speed fatal car crash occurring forty-six minutes after and four miles away from shooting incident 4DCA 237a
Felony murder--Underlying felony--Reversal on appeal--General verdict of guilt for first-degree murder--Evidence sufficient to support premeditation 2DCA 323a
Felony murder--Underlying felony--Robbery--Snatching of purse from victim's mother--Victim killed after he attempted to prevent taking by grabbing door of getaway car 3DCA 1244a
Firearm--Possession by minor--Evidence--Statements of defendant--Date of birth 3DCA 1003a
Firearms--Concealed--Evidence--Hearsay--Exceptions--Public records--Letter from records custodian of state agency indicating defendant had not been granted license to carry concealed firearm 4DCA 622a
Firearms--Concealed--Firearm found in front passenger seat under papers immediately after officer had ordered defendant out of vehicle during valid traffic stop 1DCA 84a
Firearms--Furnishing firearm to minor--Manslaughter--Culpable negligence--Separate convictions arising out of single criminal episode 1DCA 148a
Firearms--Possession--Constructive possession--Firearms locked in glove box of car 4DCA 124b
Firearms--Possession by convicted felon--Evidence--Prior convictions--Harmless error 4DCA 399b
Firearms--Possession by convicted felon--Evidence--Statements of defendant--Corpus delicti--Independent establishment--Traffic citation made out to defendant found in room where firearm was found 4DCA 399b
Firearms--Possession by convicted felon--Jury instructions--Defense of necessity--Refusal to give requested instruction--Reasonable, legal alternative to possession of firearm 1DCA 1380b
Firearms--Possession on school property--Lesser included offenses--Carrying concealed firearm 4DCA 505a
Fleeing or eluding--Aggravated--Aggravated form of crime not alleged in information or supported by evidence at trial--Correction of judgment 4DCA 1234b
Fleeing or eluding--Duress 4DCA 446c
Fleeing or eluding--Evidence--Sufficiency--Evidence that defendant stopped briefly when officer's emergency lights were activated, and then drove away at high rate of speed and continued to flee 3DCA 1124a
Fleeing or eluding--Judgment of acquittal--Absence of evidence that law enforcement vehicle involved in chase had agency insignia and other jurisdictional marking prominently displayed--Deputy's testimony that he was driving "marked patrol car" with "lights on top" 1DCA 152a
Fleeing or eluding--Judgment of acquittal--Absence of evidence that law enforcement vehicle involved in chase had agency insignia and other jurisdictional markings prominently displayed 1DCA 690a
Fleeing or eluding--Jury instructions--Request to replace word "directed" in standard instruction with "ordered" as used in statute 4DCA 9a
Fleeing or eluding--Law enforcement vehicle involved in chase not having agency insignia and other jurisdictional markings prominently displayed 1DCA 690a
Fleeing or eluding--Law enforcement vehicle involved in chase not having agency insignia and other jurisdictional markings prominently displayed--Deputy's testimony that he was driving "marked patrol car" with "lights on top" 1DCA 152a
Fleeing or eluding--Lesser included offenses 1DCA 690a
Forfeiture--Currency--Currency brought into United States by defendant who did not report that she carried in excess of $10,000 3DCA 900b
Fraudulent use or possession of personal identification information--Sufficiency of evidence 5DCA 1257b
Furnishing firearm to minor--Manslaughter--Culpable negligence--Separate convictions arising out of single criminal episode 1DCA 148a
Furnishing weapon to minor under age eighteen--Switchblade knife 5DCA 523c
Grand theft--Conviction as category two lesser included offense of trafficking in stolen property--Charging document not charging all elements of grand theft 3DCA 649a
Grand theft--Dealing in stolen property--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Grand theft--Dealing in stolen property--Separate convictions arising from same courses of conduct in which defendant removed watch from victim's home and pawned it 4DCA 16a
Grand theft--Evidence--Possession of recently stolen van 4DCA 450b
Grand theft--Evidence--Store surveillance tape--Store manager's description of tape's contents--Best evidence rule 4DCA 287b
Grand theft--Intent to steal--Failure to repay funds after discovery that traveler's checks defendant had cashed were forgeries 2DCA 308b
Grand theft--Limitation of actions--Arrest more than five years after cause of action accrued 4DCA 248a
Grand theft--Organized scheme to defraud--Separate convictions arising from same conduct--Double jeopardy 4DCA 649b
Grand theft--Submission of falsified tuition reimbursement paperwork by county employee--Separate counts for each semester for which falsified paperwork was submitted 3DCA 414a
Grand theft--Value of stolen property--Evidence--Testimony that television had been purchased six months earlier for "about $1400" 4DCA 196a
Grand theft--Value of stolen property--Market value 3DCA 673a
Grand theft--Value of stolen property--Minimum value self-evident 3DCA 673a
Grand theft--Value of stolen property--Property stolen from school--Evidence--Principal's testimony regarding price of objects, condition at time of crime, and cost to replace 3DCA 1239a
Grand theft--Value of stolen property--Replacement cost 3DCA 673a
Grand theft--Value of stolen property--Sufficiency of evidence 2DCA 428a; 1DCA 598c; 4DCA 613a
Grand theft of motor vehicle--Absence of evidence that car was stolen as opposed to being towed away by code enforcement 2DCA 1150a
Grand theft of motor vehicle--Evidence--Circumstantial 3DCA 1124a
Guilty plea--Voluntariness SCO 85a
Habeas corpus--Acceptance of pro se petition for filing and consideration--Mandamus--Petitioner prohibited from pro se filings by prior unappealed circuit court order 1DCA 233a
Habeas corpus--Bail--Bond--Denial--Failure to consider applicable standards 5DCA 526d
Habeas corpus--Bail--Bond--Excessiveness--Bond set at amount designed to be functional equivalent of no bail 5DCA 303a
Habeas corpus--Belated appeal--Absence of timely request that counsel file notice of appeal 5DCA 756b
Habeas corpus--Challenge to trial court rulings--Procedural bar 1DCA 1104a
Habeas corpus--Commitment papers--Noncompliance with statute--Inmate's cause of action 1DCA 443b
Habeas corpus--Counsel--Appellate--Ineffectiveness--see, Counsel--Appellate--Ineffectiveness
Habeas corpus--Denial of petition--Absence of explanation or attachment 2DCA 489a
Habeas corpus--Denial of petition--Frivolous and repetitious filing 1DCA 105b
Habeas corpus--Denial of petition--Premature--Denial prior to receipt of petitioner's reply to Parole Commission's response 5DCA 1139b
Habeas corpus--Frivolous petition--Petition seeking immediate deportation to foreign country prior to completion of sentence 1DCA 1271a
Habeas corpus--Incarceration following conditional release revocation--Credit for prison time served on concurrent sentences--Miscalculation 5DCA 1028b
Habeas corpus--Issues previously raised--Manifest injustice 2DCA 1261c
Habeas corpus--Judges--Ethical violations--Judicial Qualifications Commission jurisdiction 1DCA 1104a
Habeas corpus--Jurisdiction--Challenge to sufficiency of evidence to support conviction--Court in judicial circuit other than circuit where defendant was convicted 3DCA 57a
Habeas corpus--Jurisdiction--Court in judicial circuit other than circuit where defendant was convicted--Challenge to sufficiency of evidence to support conviction 3DCA 57a
Habeas corpus--Jurisdiction--Petition alleging illegal sentence 1DCA 1279a
Habeas corpus--Pretrial detention--Absence of conditions of release to assure defendant's presence at trial--Absence of finding 4DCA 873f
Habeas corpus--Pretrial detention--Failure to appear at arraignment--Willfulness--Absence of finding--Defendant not placing conduct in failure to appear at issue 4DCA 873f
Habeas corpus--Relitigation of previously rejected claims SCO 249a
Habeas corpus--Ruling on petition--Mandamus 1DCA 545c
Habeas corpus--Sentencing--Death penalty--Competency to be executed--Premature claim SCO 225a
Habeas corpus--Sentencing--Death penalty--Constitutionality of statute--Procedural bar SCO 225a
Habeas corpus--Sentencing--Excess of statutory maximum 2DCA 221b
Habeas corpus--Sentencing--Habitual offender--Oral pronouncement 3DCA 1307b
Habeas corpus--Sentencing--Mentally disordered sex offenders--Sentencing prior to completion of treatment 2DCA 1261c
Habeas corpus--Sentencing--Sentence exceeding legal maximum--Claim not properly raised by petition for writ of habeas corpus 1DCA 676a
Habeas corpus--Sexually violent predators--Civil commitment--Conditions of confinement while awaiting involuntary civil commitment proceedings--Sufficiency of petition 2DCA 533a
Habeas corpus--Successive claims 3DCA 953a
Habeas corpus--Treatment of petition as motion for post conviction relief 2DCA 489a
Habeas corpus--Treatment of petition as motion to correct sentence--Court without jurisdiction to review sentence imposed in another judicial circuit 1DCA 676a
Habeas corpus--Vague and conclusory allegations SCO 23a
Home invasion robbery--Conspiracy--Jury instructions--Uncharged act--Instruction that defendant could be found guilty if he conspired with named individual "and/or another black male" 1DCA 339b
Identification--Evidence--Line-up--Counsel--Failure to offer assistance of counsel before photographic and live line-ups SCO 108a
Identification--Evidence--Out-of-court identification--Suggestive photo lineup--Defendant only common denominator in second of two lineups 4DCA 140a
Identification--Evidence--Photographic array 4DCA 744a
Immunity--Stand Your Ground law--Factual issues--Adjudication by trial court 3DCA 1342a
Immunity--Stand Your Ground law--Pretrial determination on motion to dismiss--Procedure 3DCA 1342a
Immunity--Stand Your Ground law--Shooting after threat of imminent death or bodily harm had passed 2DCA 119a
Impersonating police officer--Attire, vehicle, and actions of holder of security licenses in escorting funeral procession in security car 3DCA 1306a
Indigents--Counsel--Appointment--Determination of indigency by clerk 3DCA 51a
Information--Aggravated battery--Great bodily harm--Allegation that defendant killed victim by punching him in the face 3DCA 22a
Information--Amendment--Timeliness--Appeals--Preservation of issue 1DCA 100c
Information--Defects--Erroneous designation of crime in caption of information 4DCA 1234b
Information--Defects--Improper signature or verification--Waiver--Plea 4DCA 128a
Information--Defects--Vending machine theft--Failure to charge element of offense--Appeals--Preservation of issue 2DCA 948a
Information--Sworn statement from material witness--Absence--Entry of plea 5DCA 103c
Insanity--Competency of defendant--Appeals--Preservation of issue 3DCA 33d
Insanity--Competency of defendant--Evaluation--Confidentiality of information--Violation--State's use of expert who conducted competency evaluation as rebuttal witness during sentencing phase of capital trial SCO 374a
Insanity--Competency of defendant--Hearing--Absence of request for hearing or information sufficient to raise reasonable doubt as to competence 3DCA 33d
Insanity--Competency of defendant--Hearing--Failure to conduct--Evaluations by appointed mental health experts not raising any competency or sanity issues 3DCA 903a
Insanity--Competency of defendant--Hearing--Sua sponte hearing--Failure to conduct--Post conviction relief--Procedural bar SCO 225a
Insanity--Competency of defendant--Order--Written 2DCA 1231b
Insanity--Competency to be executed--Post conviction relief--Premature claim SCO 225a
Insanity--Competency to stand trial--Hearing--Absence of request for hearing, order adjudicating defendant incompetent, or anything to alert court to any competency concerns 4DCA 504b
Insanity--Competency to stand trial--Hearing--Failure to conduct--Prior judge appointing medical expert to evaluate defendant's competency 1DCA 1388g
Insanity--Competency to stand trial--Order--Written 1DCA 443e
Insanity--Competency to stand trial--Post conviction relief--Procedural bar SCO 225a
Intercepted communications--Tape recordings of phone communication--Verbal authorization of law enforcement officer to tape any phone conversation with suspect 4DCA 617a
Judges--Comments to counsel--Admonishment of defense counsel during cross-examination of codefendant concerning sentence codefendant might receive pursuant to plea bargain SCO 153a
Judges--Departure from neutrality--Removal of jury from courtroom during prosecution witness's testimony and engaging witness in manner suggesting that testimony should be identical to that of pretrial deposition in which witness named defendant as offender 2DCA 123a
Judges--Departure from neutrality--Voir dire--Capital case--Sua sponte excusal for cause of juror whose child had been recently murdered--Appeals--Preservation of issue SCO 7a
Judges--Disqualification--Successor judge--Prohibition 2DCA 632a
Judges--Ethical violations--Habeas corpus--Judicial Qualifications Commission jurisdiction 1DCA 1104a
Judges--Ex parte communications--Probation revocation proceeding--Conversations with attorney and bailiff in which trial court made statements regarding defendant's guilt--New hearing 2DCA 397b
Judges--Probation revocation--Successor judge 3DCA 953a
Judges--Successor--Disqualification--Prohibition 2DCA 632a
Judges--Successor--Post conviction proceedings--Reliance on evidentiary hearing conducted by predecessor judge 2DCA 920a
Judges--Successor--Probation revocation 3DCA 953a
Judges--Voir dire--Reference by trial judge to television crime shows and question whether jurors understood that, in real life, DNA evidence was not processed in a day 4DCA 70a
Judgment--Correction--Correction to reflect conviction of attempted third degree burglary rather than attempted burglary as second degree felony 4DCA 787c
Judgment--Correction--Entry of corrected judgment nunc pro tunc to date of original judgment--Jurisdiction--Appeal pending 4DCA 787c
Judgment--Correction--Offense to which defendant entered plea--Offense less than that charged in information--Absence of objection by state 4DCA 64a
Jurisdiction--Habeas corpus--Challenge to sufficiency of evidence to support conviction--Court in judicial circuit other than circuit where defendant was convicted 3DCA 57a
Jurisdiction--Habeas corpus--Court in judicial circuit other than circuit where defendant was convicted--Challenge to sufficiency of evidence to support conviction 3DCA 57a
Jurisdiction--Habeas corpus--Petition alleging illegal sentence 1DCA 1279a
Jurisdiction--Judgment--Entry of corrected judgment nunc pro tunc to date of original judgment--Appeal pending 4DCA 787c
Jurisdiction--Plea--Withdrawal--Notice of appeal filed 1DCA 1214a
Jurisdiction--Post conviction relief--Amended motion--Premature appeal of order denying initial motion 2DCA 436b
Jurisdiction--Post conviction relief--Appeal pending 1DCA 714a
Jurisdiction--Post conviction relief--Pendency of appeal of denial of prior post conviction motion 2DCA 1150b
Jurisdiction--Post conviction relief--Petition alleging ineffective assistance of appellate counsel pending in appellate court 5DCA 696a
Jurisdiction--Post-trial release--Supersedeas bond--Record on appeal transmitted to appellate court--Concurrent jurisdiction 2DCA 977a
Jurisdiction--Probation revocation--Expiration of probationary term--Tolling of probationary term--Prior probation violations--Original probationary term continued after prior violations 5DCA 1203b
Jurisdiction--Probation revocation--Offense for which sentence completed 4DCA 1117a
Jurisdiction--Restitution--Appeal pending 1DCA 928a
Jurisdiction--Sentencing--Correction--Appeal of prior motion pending--Appellate court having ruled and issued mandate 5DCA 1258b
Jurisdiction--Sentencing--Correction--Appeal pending--Appeal voluntarily dismissed prior to ruling on motion 2DCA 478b
Jurisdiction--Sentencing--Correction--Appeal pending from denial of prior motion--Prior motion raising different issue 2DCA 531b
Jurisdiction--Sentencing--Correction--Expiration of sixty-day period 2DCA 164a; 2DCA 165a
Jurisdiction--Sentencing--Correction--Motion filed too late for court to rule on motion within sixty-day period 2DCA 704b
Jurisdiction--Sentencing--Modification--Motion filed within 60-day time limit but not ruled upon within that period SCO 263a
Jurisdiction--Sentencing--Probation revocation--Count for which defendant was not on probation--Correction of sentence 2DCA 531b
Jurisdiction--Sexual predator designation--Appeal pending 1DCA 928a
Jurors--Challenge--Cause--Capital case--Opposition to death penalty SCO 239a
Jurors--Challenge--Cause--Capital case--Proponent of death penalty--Refusal to excuse juror for cause--Appeals--Preservation of issue SCO 239a
Jurors--Challenge--Cause--Capital case--Sua sponte excusal for cause of juror whose child had been recently murdered--Appeals--Preservation of issue SCO 7a
Jurors--Challenge--Cause--Juror who had been victim of home burglary 3DCA 1247a
Jurors--Challenge--Cause--Juror whose daughter was victim of armed robbery--Assurance by juror that fact would not affect ability to be fair SCO 313a
Jurors--Challenge--Cause--Opposition to death penalty SCO 323a
Jurors--Challenge--Cause--Presumption of innocence--Equivocal responses to questions of whether jurors could presume defendant innocent 3DCA 20b
Jurors--Challenge--Peremptory--Gender discrimination--Equal number of male and female jurors struck 2DCA 321a
Jurors--Challenge--Peremptory--Gender discrimination--Gender-neutral explanation--Bad feeling about juror 2DCA 321a
Jurors--Challenge--Peremptory--Gender discrimination--Gender-neutral explanation--Genuineness--Absence of finding 1DCA 90a
Jurors--Challenge--Peremptory--Gender discrimination--Gender-neutral explanation--Sufficiency--Consideration of overall makeup of jurors 2DCA 321a
Jurors--Challenge--Peremptory--Number of challenges--Multiple offenses which, when combined, could result in life imprisonment 5DCA 692a
Jurors--Challenge--Peremptory--Racial discrimination--Race-neutral explanation--Jurors' status as single and renters SCO 313a
Jurors--Challenge--Peremptory--Racial discrimination--Race-neutral explanation--Pretext--Absence of determination 1DCA 680a
Jurors--Challenge--Peremptory--Racial discrimination--Race-neutral explanation--Sleeping 4DCA 450b
Jurors--Deliberations--Provision of original information rather than amended information that added defendant's alias 4DCA 70a
Jurors--Impartiality--Juror inadvertently informed that defendant is convicted felon 4DCA 1291a
Jurors--Impartiality--Prospective juror during jury selection indicating that he worked as jail detention deputy and making comments suggesting that defendant had prior criminal charges and/or convictions 4DCA 1291a
Jurors--Observation of defendant in jail uniform outside courtroom SCO 256a
Jurors--Questioning by trial court--Juror temporarily upset after testimony of child victim of sexual offense 1DCA 716a
Jurors--Questions--Availability of transcripts of witnesses' testimony--Response that transcripts were unavailable without advising jury of potential for readback of testimony--Ad hoc rule prohibiting readbacks 4DCA 328a
Jurors--Questions--Response by trial court--Counsel present but not expressly invited to object 1DCA 718b; 1DCA 1165a
Jurors--Questions--Response by trial court--Request to view transcript--Instruction to jury to rely on memory without advising jury of availability of read-back 1DCA 718b; 1DCA 1165a
Jurors--Voir dire--Limitation 3DCA 1247a
Jurors--Voir dire--Reference by trial judge to television crime shows and question whether jurors understood that, in real life, DNA evidence was not processed in a day 4DCA 70a
Jury--Deliberations--Jury allowed to view videotaped confession 1DCA 1013c
Jury--Deliberations--VCR permitted in jury room to enable viewing of videotaped confession 1DCA 1013c
Jury instructions--Aggravated assault with deadly weapon--Standard instruction 5DCA 1312a
Jury instructions--Aggravated battery--Independent act--Refusal to give requested instruction--Instruction on principals given 2DCA 1046a
Jury instructions--Aggravated battery on law enforcement officer--Standard instruction--Inclusion of "permanent disability" element where defendant was charged with aggravated battery based on great bodily harm 1DCA 963b
Jury instructions--Aggravated child abuse--Offense not charged in information--Aggravated child abuse with use of deadly weapon--Information charging aggravated child abuse by causing great bodily harm, permanent disability, or permanent disfigurement 4DCA 1172a
Jury instructions--Attempted second degree murder--Lesser included offenses--Attempted voluntary manslaughter--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error 1DCA 1376a
Jury instructions--Attempted second degree murder with firearm--Justifiable and excusable homicide--Absence of manslaughter on verdict form either as charged or lesser offense 1DCA 1380b
Jury instructions--Attempted voluntary manslaughter--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error 1DCA 1376a
Jury instructions--Bifurcated trial--Standard instruction--Amendment SCO 1a
Jury instructions--Burglary--Provision to jury of incorrect written instructions--Meritless claim 4DCA 70a
Jury instructions--Burglary of dwelling--Lesser included offenses--Trespass--Refusal to give requested instruction 4DCA 1054a
Jury instructions--Burglary with battery--Lesser included offenses--Burglary--Refusal to give requested instruction--New trial 2DCA 397c
Jury instructions--Conspiracy--Uncharged act--Instruction that defendant could be found guilty if he conspired with named individual "and/or another black male" 1DCA 339b
Jury instructions--Conspiracy to deliver cocaine--Instruction permitting jury to find defendant guilty of conspiracy solely based upon conspiring with confidential informant--New trial 5DCA 855a
Jury instructions--Evidence--Out-of-court statements 4DCA 67a
Jury instructions--Failure to register as sexual offender--Standard instruction--Amendment SCO 1a
Jury instructions--Fleeing or eluding--Request to replace word "directed" in standard instruction with "ordered" as used in statute 4DCA 9a
Jury instructions--Inclusion of conjunction and/or between names of aggravated assault victims--Evidence that defendant committed assault on all victims named in instruction 1DCA 815a
Jury instructions--Independent act--Murder--Refusal to give requested instruction 5DCA 262a; 5DCA 263a
Jury instructions--Independent act--Refusal to give requested instruction--Instruction on principals given 2DCA 1046a
Jury instructions--Independent act--Second degree murder--Death of victim a reasonably foreseeable consequence of plan set in motion by defendant and others 3DCA 1242a
Jury instructions--Justifiable and excusable homicide--Attempted second degree murder with firearm--Absence of manslaughter on verdict form either as charged or lesser offense 1DCA 1380b
Jury instructions--Justifiable use of deadly force--Jury instructions--Standard instruction--Amendment SCO 1a
Jury instructions--Justifiable use of force by law enforcement officer--Standard instruction--Amendment SCO 1a
Jury instructions--Justifiable use of non-deadly force--Standard instruction--Amendment SCO 1a
Jury instructions--Lesser included offenses--Burglary of dwelling--Trespass--Refusal to give requested instruction 4DCA 1054a
Jury instructions--Lesser included offenses--Second degree murder--Manslaughter--Standard instruction 3DCA 32d
Jury instructions--Lewd or lascivious battery--Instruction that jury could convict by finding sexual penetration or union when information alleged only sexual penetration--Harmless error 1DCA 520a
Jury instructions--Lewd or lascivious molestation--Lesser included offenses--Battery 5DCA 146b
Jury instructions--Manslaughter--Standard instruction--Amendment SCO 209a
Jury instructions--Manslaughter--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error--Jury also instructed on manslaughter by culpable negligence 4DCA 1232a; 3DCA 1245a; 4DCA 1285b
Jury instructions--Manslaughter by act--Standard instruction 3DCA 32d; 3DCA 548a; 3DCA 604b; 2DCA 1099a
Jury instructions--Manslaughter by act--Standard instruction--Amendment SCO 209a
Jury instructions--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime 1DCA 801c
Jury instructions--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error 2DCA 1099a
Jury instructions--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error--Defendant convicted of second degree murder as lesser included offense of first degree murder SCO 204a
Jury instructions--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error 2DCA 811a; 3DCA 768b
Jury instructions--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error--Jury also instructed on manslaughter by culpable negligence 1DCA 376b
Jury instructions--Manslaughter by act--Standard instruction--Fundamental error 1DCA 931a
Jury instructions--Murder--Independent act--Refusal to give requested instruction 5DCA 262a; 5DCA 263a
Jury instructions--Murder--Instruction that in order to find defendant guilty of murder state must prove that death was caused by defendant or another person acting as principal--Fundamental/harmless error 3DCA 1184a
Jury instructions--Murder--Lesser included offenses--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error 2DCA 811a
Jury instructions--Murder--Lesser included offenses--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error--Jury also instructed on manslaughter by culpable negligence 1DCA 376b
Jury instructions--Murder--Self-defense--State's burden of negating defense--Refusal to give requested instruction 1DCA 862a
Jury instructions--Murder--Special instruction that "mere presence" at crime scene is insufficient to establish that defendant aided and abetted offense--Refusal to give requested instruction 4DCA 937b
Jury instructions--Necessity--Possession of firearm by convicted felon--Reasonable, legal alternative to possession of firearm 1DCA 1380b
Jury instructions--Possession of cocaine--Affirmative defense of lack of knowledge that substance possessed was cocaine--Refusal to give requested instruction 4DCA 1177a
Jury instructions--Possession of firearm by convicted felon--Defense of necessity--Refusal to give requested instruction--Reasonable, legal alternative to possession of firearm 1DCA 1380b
Jury instructions--Principals--Instruction that in order to find defendant guilty of murder state must prove that death was caused by defendant or another person acting as principal--Fundamental/harmless error 3DCA 1184a
Jury instructions--Resisting officer without violence--Erroneous identification of same officer in two counts 3DCA 515b
Jury instructions--Resisting, obstructing, or opposing officer--Lawful execution of legal duty--Right to resist if arrest unlawful--Refusal to give requested instruction 5DCA 1208a
Jury instructions--Resisting, obstructing, or opposing officer without violence--Knowledge of victim's status as law enforcement officer--Failure to instruct--Fundamental error 1DCA 545a
Jury instructions--Robbery--Afterthought 1DCA 930d
Jury instructions--Second degree murder--Independent act--Death of victim a reasonably foreseeable consequence of plan set in motion by defendant and others 3DCA 1242a
Jury instructions--Second degree murder--Lesser included offenses--Manslaughter--Standard instruction 3DCA 32d; 4DCA 1232a; 3DCA 1245a; 4DCA 1285b
Jury instructions--Self-defense--Forcible felony exception--Absence of independent forcible felony 5DCA 808a
Jury instructions--Self-defense--State's burden of negating defense--Refusal to give requested instruction 1DCA 862a
Jury instructions--Sentencing--Death penalty--Aggravating circumstances--Aggravator supported by evidence but ultimately rejected by trial court SCO 108a
Jury instructions--Sentencing--Death penalty--Aggravating circumstances--Murder committed in cold, calculated and premeditated manner--Constitutionality SCO 169a
Jury instructions--Sentencing--Death penalty--Weight that trial judge may assign to jury's recommendation--Addition of language to standard penalty-phase instructions at defendant's request SCO 256a
Jury instructions--Standard--Amendment--Manslaughter SCO 209a
Jury instructions--Tampering with witness or victim--Combining elements of two subsections when charge is for violation of only one subsection 4DCA 67a
Jury instructions--Uncharged acts--Conspiracy--Instruction that defendant could be found guilty if he conspired with named individual "and/or another black male" 1DCA 339b
Jury instructions--Use of conjunction "and/or" between codefendants' names--Harmless error 1DCA 931d
Jury instructions--Use of conjunction "and/or" between names of armed robbery victims--Harmless error 2DCA 476b
Jury instructions--Vehicular homicide--Lesser included offenses--Reckless driving--Accident resulting in death 4DCA 197b; 4DCA 653a
Jury trial--Second phase of felony DUI proceeding--Waiver--Absence of valid waiver 4DCA 650a
Jury trial--Waiver--Second phase of felony DUI proceeding--Absence of valid waiver 4DCA 650a
Justifiable use of deadly force--Jury instructions--Standard instruction--Amendment SCO 1a
Justifiable use of force by law enforcement officer--Jury instructions--Standard instruction--Amendment SCO 1a
Justifiable use of non-deadly force--Jury instructions--Standard instruction--Amendment SCO 1a
Juveniles--see, JUVENILES
Kidnapping--Attempt--Direct evidence that defendant grabbed child in mother's presence and attempted to put her in his bicycle basket and ride away with her 4DCA 400a
Kidnapping--Attempt--Intent to terrorize victim--Circumstantial evidence--Defendant grabbing child in mother's presence, attempting to put her in his bicycle basket, and struggling with mother and aunt for child 4DCA 400a
Kidnapping--Attempt--Intent to terrorize victim--Circumstantial evidence--Evidence inconsistent with any reasonable hypothesis of innocence 4DCA 400a
Kidnapping--Attempt--Intent to terrorize victim--Judgment of acquittal--Denial--Circumstantial evidence inconsistent with any reasonable hypothesis of innocence 4DCA 400a
Leaving scene of accident--Damage to property or to another vehicle--Failure to prove--Judgment of acquittal 1DCA 443e
Leaving scene of accident--Multiple convictions--Separate convictions arising out of single criminal episode 4DCA 938b
Lesser included offenses--Burglary of dwelling--Trespass--Jury instructions--Refusal to give requested instruction 4DCA 1054a
Lesser included offenses--Category two lesser included offense--Charging document not charging all elements of lesser included offense 3DCA 649a
Lesser included offenses--Fleeing or eluding 1DCA 690a
Lesser included offenses--Jury instructions--Burglary of dwelling--Trespass--Refusal to give requested instruction 4DCA 1054a
Lesser included offenses--Jury instructions--Burglary with battery--Burglary--Refusal to give requested instruction--New trial 2DCA 397c
Lesser included offenses--Lewd or lascivious molestation--Battery 5DCA 146b
Lesser included offenses--Manslaughter by culpable negligence--Furnishing firearm to minor 1DCA 148a
Lesser included offenses--Murder--Manslaughter by act--Jury instructions--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error--Jury also instructed on manslaughter by culpable negligence 1DCA 376b
Lesser included offenses--Offenses punishable in same fashion 1DCA 690a
Lesser included offenses--Permissive--Conviction of attempted second degree murder upon appellate court's determination that evidence does not prove charged attempted first-degree felony murder SCO 194a
Lesser included offenses--Permissive--Conviction of permissive lesser included offense upon appellate court's determination that evidence does not prove charged offense SCO 194a
Lesser included offenses--Permissive--Jury instructions--Failure to give requested instruction--Information alleging all of statutory elements of lesser offense and evidence at trial establishing each element 4DCA 1054a
Lesser included offenses--Possession of firearm on school property--Carrying concealed firearm 4DCA 505a
Lesser included offenses--Vehicular homicide--Reckless driving--Jury instructions--Accident resulting in death 4DCA 197b; 4DCA 653a
Lewd or lascivious battery--Jury instructions--Instruction that jury could convict by finding sexual penetration or union when information alleged only sexual penetration--Harmless error 1DCA 520a
Lewd or lascivious battery--Lewd or lascivious molestation--Separate convictions arising out of single criminal episode--Double jeopardy--Adjudication of guilt as to one offense and withholding of adjudication as to second offense 1DCA 442a
Lewd or lascivious battery on child--Argument--Comment about word of victim against plea of not guilty 1DCA 691a
Lewd or lascivious battery on child--Argument--Silence of defendant--Comment on uncontradicted evidence regarding age of victim 1DCA 691a
Lewd or lascivious battery on child--Attempt--Entrapment--Reverse sting coordinated by private volunteer organization--Volunteers entering online chat rooms and waiting for someone to solicit sexual activity from person believed to be minor 5DCA 803c
Lewd or lascivious battery on child--Attempt--Sufficiency of evidence 5DCA 803c
Lewd or lascivious molestation--Argument--Comments questioning why minor victim would come up with stories of abuse--Rebuttal to defense argument that victim had lied about crimes 5DCA 990a
Lewd or lascivious molestation--Evidence--Address of defendant on date of incident 1DCA 1393a
Lewd or lascivious molestation--Evidence--Hearsay--Calling of witness for purpose of impeaching her with taped telephone conversation which was inadmissible hearsay 4DCA 618a
Lewd or lascivious molestation--Evidence--Hearsay--Demonstration of victim's description of manner in which defendant touched him 4DCA 608a
Lewd or lascivious molestation--Evidence--Hearsay--Exceptions--Past recollection recorded--Taped telephone conversation--Witness unable or unwilling to attest to accuracy of taped conversation 4DCA 618a
Lewd or lascivious molestation--Evidence--Impeachment--Calling of witness for purpose of impeaching her with taped telephone conversation which was inadmissible hearsay 4DCA 618a
Lewd or lascivious molestation--Evidence--Legality of defendant's presence in United States 1DCA 1393a
Lewd or lascivious molestation--Evidence--Other crimes, wrongs, or acts--Similar acts of child molestation 1DCA 1393a
Lewd or lascivious molestation--Evidence--Other crimes, wrongs, or acts--Testimony of other victims--Variations in extent of defendant's sexual contact with each victim 4DCA 12b
Lewd or lascivious molestation--Jury instructions--Lesser included offenses--Battery 5DCA 146b
Lewd or lascivious molestation--Lesser included offenses--Battery 5DCA 146b
Lewd or lascivious molestation--Lewd or lascivious battery--Separate convictions arising out of single criminal episode--Double jeopardy--Adjudication of guilt as to one offense and withholding of adjudication as to second offense 1DCA 442a
Lewd or lascivious molestation--Sentencing--"Mandatory minimum"--Statutory option of imposing split sentence of not less than 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for remainder of natural life 2DCA 1322a
Lewd or lascivious molestation--Sentencing--Conditions--Payment of costs of victims' counseling 2DCA 322a
Lewd or lascivious molestation--Sentencing--Conditions--Prohibition of contact with anyone under age 18 2DCA 322a
Lewd or lascivious molestation--Sentencing--Conditions--Prohibition of contact with victims 2DCA 322a
Lewd or lascivious molestation--Sentencing--Constitutionality of sentencing scheme 1DCA 1393a
Lewd or lascivious molestation--Sentencing--Mandatory minimum--Jessica Lunsford Act--Offenses straddling date when Act became effective 5DCA 990a
Lewd or lascivious molestation--Sexual battery--Separate convictions arising out of single criminal episode 1DCA 1378a
Lewd or lascivious molestation of child--Evidence--Expert--Formation of children's memories 1DCA 678a
Lewd or lascivious molestation of child--Evidence--Photographic--Photograph of child victim's physical examination--Relevancy 4DCA 742b
Lewd or lascivious molestation of child--Witnesses--Victim--Competency to testify--Taint resulting from improper and unnecessarily suggestive questioning following incident--Preemptive determination of credibility of victim's testimony 5DCA 213a
Limitation of actions--Grand theft--Arrest more than five years after cause of action accrued 4DCA 248a
Mandamus--Appeals--Voluntary dismissal--Ruling on motion--Motion filed in wrong forum 1DCA 592a
Mandamus--Counsel--Response to former client's request for copies of criminal records and return of certain documents belonging to client 2DCA 810a
Mandamus--Habeas corpus--Acceptance of pro se petition for filing and consideration--Petitioner prohibited from pro se filings by prior unappealed circuit court order 1DCA 233a
Mandamus--Habeas corpus--Ruling on petition 1DCA 545c
Mandamus--Parole Commission--Presumptive parole release date--Administrative review--Consideration of untimely petition for review--Delay in receipt of notice of determination 1DCA 1170a
Mandamus--Post conviction relief--Reinstatement of motion and assignment to different judge--Judge who acted on motion disqualified prior to trial proceedings based on prior prosecution of defendant while judge was assistant state attorney 1DCA 212a
Mandamus--Post conviction relief--Ruling on motion 1DCA 315b
Mandamus--Prisoners--Gain time--Challenge to Department of Corrections disciplinary order reducing gain time--Venue--Transfer of venue without notice or opportunity to be heard 4DCA 399a
Mandamus--Prisoners--Gain time--Forfeiture--Challenge--Res judicata--Issues properly remedied in prior case 1DCA 800c
Mandamus--Prisoners--Gain time--Incentive gain time and basic gain time earned since return to custody--Res judicata--Issues not addressed in prior proceedings 1DCA 800c
Mandamus--Sentencing--Correction--Ruling on motion--Jurisdiction divested by filing of direct appeal 1DCA 592a
Manslaughter--Aggravated manslaughter of child--Argument--Defendant's contemplation of aborting child during pregnancy 3DCA 512a
Manslaughter--Aggravated manslaughter of child--Evidence--Defendant's contemplation of aborting child during pregnancy 3DCA 512a
Manslaughter--Attempt--Jury instructions--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error 1DCA 1376a
Manslaughter--Culpable negligence--Furnishing firearm to minor--Separate convictions arising out of single criminal episode 1DCA 148a
Manslaughter--Culpable negligence--Lesser included offenses--Furnishing firearm to minor 1DCA 148a
Manslaughter--Jury instructions--Standard instruction--Amendment SCO 209a
Manslaughter by act--Elements of offense--Intent to kill SCO 204a
Manslaughter by act--Elements of offense--Intent to to commit act that was not justified or excusable, which caused death of victim SCO 204a
Manslaughter by act--Intent to kill victim--Necessity to prove 3DCA 19a
Manslaughter by act--Jury instructions--Standard instruction 3DCA 32d; 3DCA 548a; 3DCA 604b; 2DCA 1099a
Manslaughter by act--Jury instructions--Standard instruction--Amendment SCO 209a
Manslaughter by act--Jury instructions--Standard instruction--Erroneous suggestion that intent to kill is element of crime 1DCA 801c
Manslaughter by act--Jury instructions--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error--Defendant convicted of second degree murder as lesser included offense of first degree murder SCO 204a
Manslaughter by act--Jury instructions--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error 2DCA 811a; 3DCA 768b
Manslaughter by act--Jury instructions--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error--Jury also instructed on manslaughter by culpable negligence 1DCA 376b
Manslaughter by act--Jury instructions--Standard instruction--Fundamental error 1DCA 931a
Mentally deficient or mentally ill defendants--Involuntary commitment to Mentally Retarded Defendant Program of defendant found incompetent to proceed--Defendant found by Agency for Persons with Disabilities to be ineligible for community based services for persons with developmental disabilities 1DCA 1368b
Mistrial--Denial--Improper prosecutorial comment not so prejudicial as to vitiate entire trial 4DCA 1175e
Mistrial--Discovery violation--State's failure to disclose change in deposition testimony of DNA expert--Reasonable possibility that discovery violation materially hindered defendant's trial preparation or strategy 4DCA 67a
Mistrial--Prosecutorial misconduct--Comment on defendant's refusal to consent to search--Comment not so prejudicial as to vitiate entire trial 4DCA 1175e
Mistrial--Retrial--Double jeopardy--Defendant requesting mistrial--Defendant not goaded by state into asking for mistrial SCO 281a
Mistrial--Retrial--Double jeopardy--Manifest necessity for mistrial--Juror suffering seizure and being hospitalized during deliberations SCO 281a
Mistrial--Retrial--Double jeopardy--Manifest necessity for mistrial--Temporary Department of Corrections quarantine preventing defendant from attending trial 3DCA 354a
Mistrial--Retrial--Prohibition--Manifest necessity for mistrial--Absence of finding 2DCA 809g
Mistrial--Witness's reference to defendant's involvement in uncharged crime--Denial of mistrial SCO 313a
Murder--Attempt--Evidence--Gun cleaning kit--Relevancy 4DCA 788b
Murder--Attempt--Evidence--Statements of defendant--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Codefendant acting as agent of state 4DCA 241a
Murder--Attempt--Evidence--Statements of defendant--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Detective repeatedly and convincingly assuring defendant that interrogation room was private and no recording was being made 4DCA 241a
Murder--Confession--Evidence--Custody--Accusatory confrontation indicating that police had defendant's pants with blood from murder scene SCO 295a
Murder--Confession--Evidence--Voluntariness--Delayed administration of Miranda warnings--Downplaying of warnings, once given SCO 295a
Murder--Confession--Evidence--Waiver of rights--Voluntariness--Downplaying of importance of warnings by interrogating officer SCO 295a
Murder--Discovery--State's failure to comply--Post conviction relief SCO 211a
Murder--Double jeopardy--Retrial after mistrial--Defendant requesting mistrial--Defendant not goaded by state into asking for mistrial SCO 281a
Murder--Double jeopardy--Retrial after mistrial--Manifest necessity for mistrial--Juror suffering seizure and being hospitalized during deliberations SCO 281a
Murder--Evidence--Circumstantial SCO 13a
Murder--Evidence--Collateral crimes--Possession of fake I.D. cards--Reasonable possibility that testimony about identifications affected jury verdict 4DCA 1068b
Murder--Evidence--Collateral crimes--Possession of fake I.D. cards--Relevancy 4DCA 1068b
Murder--Evidence--Confession--Corpus delicti--Independent establishment 4DCA 1068b
Murder--Evidence--Confession--Corpus delicti--Independent establishment--Criminal agency of another person causing death of victim 4DCA 1068b
Murder--Evidence--Confession--Voluntariness--Miranda warning--Adequacy SCO 323a
Murder--Evidence--Credibility of prosecution witness--Officer's opinion that witness's statements concerning crime were truthful--New trial SCO 133a
Murder--Evidence--DNA--Admission of test results without supporting statistical evidence--Appeals--Preservation of issue SCO 313a
Murder--Evidence--Dying declaration of victim 4DCA 1286a
Murder--Evidence--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Murder--Evidence--Flight SCO 13a
Murder--Evidence--Hearsay--Exceptions--Excited utterance--Statements witness gave to police officer at scene--Time for reflective thought--Harmless error 4DCA 887a
Murder--Evidence--Hearsay--Exceptions--State of mind--Murder victim's letter written five days before his disappearance 4DCA 1068b
Murder--Evidence--Other crimes, wrongs, or acts--Murder and sexual battery of a different victim--Similarities SCO 169a
Murder--Evidence--Other crimes, wrongs, or acts--Murder and sexual battery of a different victim--Waiver of issue--Subsequent motion to consolidate all charges SCO 169a
Murder--Evidence--Photographic--Autopsy photographs SCO 169a
Murder--Evidence--Photographic--Picture of defendant, codefendants, and third party not involved in crimes partying at beach prior to crimes SCO 153a
Murder--Evidence--Polygraph--Prosecution witness--Cross-examination regarding witness's polygraph examination--Refusal to allow 4DCA 239a
Murder--Evidence--Polygraph--Prosecution witness--Passing reference to fact that witness had gone to state attorney's office to take polygraph 4DCA 239a
Murder--Evidence--Prior attempt to commit robbery 3DCA 846a
Murder--Evidence--Reference by witnesses to fact that murder occurred on Easter Sunday SCO 323a
Murder--Evidence--Statements of defendant--Corpus delicti--Independent establishment 4DCA 1068b
Murder--Evidence--Statements of defendant--Corpus delicti--Independent establishment--Criminal agency of another person causing death of victim 4DCA 1068b
Murder--Evidence--Statements of defendant--Uncharged offenses--Defendant's admission that he had obtained gun in uncharged residential burglary 3DCA 846a
Murder--Evidence--Tapes of defendant's jailhouse phone calls--Adoptive admissions SCO 13a
Murder--Evidence--Threat by third party to strangle one of victims defendant was accused of murdering--Exclusion of evidence SCO 169a
Murder--Evidence--Victim's drug use and acceptance of sexual favors in lieu of back rent SCO 13a
Murder--Evidence--Victim's prior arrest for conspiracy to kill his wife SCO 13a
Murder--Evidence--Witness's occupation--Victim's son/attorney SCO 323a
Murder--Felony--Attempt--Act of shooting victim used to prove both attempted felony murder and underlying robbery offense SCO 194a
Murder--Felony--Attempt--Lesser included offenses--Attempted second degree murder--Allegations in charging document and proof at trial not supporting element of depraved mind SCO 194a
Murder--Felony--Jury instructions--Independent act--Refusal to give requested instruction 5DCA 262a; 5DCA 263a
Murder--Felony--Sufficiency of evidence SCO 256a
Murder--Felony--Teenager behind wheel of vehicle at time companions attempted to rob prospective drug buyers and one of companions shot one of the prospective buyers--Companions convicted of second-degree murder 2DCA 427a
Murder--Felony--Underlying felony--Aggravated child abuse 2DCA 1361a
Murder--Felony--Underlying felony--Aggravated child abuse--Merger doctrine--Applicability--Single act of abuse leading to child's death--Multiple acts occurring where child was held beneath surface of swimming pool long enough to produce unconsciousness and then death 1DCA 1014a
Murder--Felony--Underlying felony--Aggravated child abuse--Merger doctrine--Applicability--Single act of abuse leading to child's death 1DCA 1014a
Murder--Felony--Underlying felony--Burglary--Failure to argue that consent for entry could not be revoked after crimes were committed--Ineffective assistance of counsel SCO 23a
Murder--Felony--Underlying felony--Escape from scene of crime--High-speed fatal car crash occurring forty-six minutes after and four miles away from shooting incident 4DCA 237a
Murder--Felony--Underlying felony--Reversal on appeal--General verdict of guilt for first-degree murder--Evidence sufficient to support premeditation 2DCA 323a
Murder--Felony--Underlying felony--Robbery--Snatching of purse from victim's mother--Victim killed after he attempted to prevent taking by grabbing door of getaway car 3DCA 1244a
Murder--Jury instructions--Lesser included offenses--Manslaughter by act--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error--Jury also instructed on manslaughter by culpable negligence 1DCA 376b
Murder--Jury instructions--Principals--Instruction that in order to find defendant guilty of murder state must prove that death was caused by defendant or another person acting as principal--Fundamental/harmless error 3DCA 1184a
Murder--Jury instructions--Self-defense--State's burden of negating defense--Refusal to give requested instruction 1DCA 862a
Murder--Jury instructions--Special instruction that "mere presence" at crime scene is insufficient to establish that defendant aided and abetted offense--Refusal to give requested instruction 4DCA 937b
Murder--Lesser included offenses--Manslaughter by act--Jury instructions--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Harmless error 2DCA 811a
Murder--Mental health experts--Failure to appoint at least two experts--Harmless error 1DCA 827b
Murder--Mental health experts--Failure to appoint at least two experts--Invited error 1DCA 827b
Murder--Mistrial--Retrial--Double jeopardy--Defendant requesting mistrial--Defendant not goaded by state into asking for mistrial SCO 281a
Murder--Mistrial--Retrial--Double jeopardy--Manifest necessity for mistrial--Juror suffering seizure and being hospitalized during deliberations SCO 281a
Murder--Newly discovered evidence--Accomplice's confession to being shooter--Post conviction relief--Evidence which would not probably produce acquittal at new trial SCO 230a
Murder--Newly discovered evidence--Post conviction relief SCO 211a
Murder--Post conviction DNA testing--Failure to demonstrate how DNA testing would exonerate defendant or mitigate his sentence SCO 206a
Murder--Premeditation--Evidence--Circumstantial SCO 13a
Murder--Premeditation--Evidence--Medical and expert testimony inconsistent with hypothesis that shooting was accidental 4DCA 1286a
Murder--Premeditation--Sufficiency of evidence SCO 153a; SCO 159a; SCO 169a; SCO 256a; SCO 281a; 1DCA 827b
Murder--Second degree--Attempt--Jury instructions--Lesser included offenses--Attempted voluntary manslaughter--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error 1DCA 1376a
Murder--Second degree--Attempt--Reclassification of offense to first degree felony--Use of kitchen knife to stab and cut victim 5DCA 166a
Murder--Second degree--Depraved mind--Driving shooter carrying AK-47 to and away from scene of shooting 3DCA 19a
Murder--Second degree--Depraved mind--Sufficiency of evidence 2DCA 1a; 2DCA 697a
Murder--Second degree--Evidence--Cauldron in which murder weapon was found--Prejudice--Risk that jurors might know that cauldron was used in practice of Santeria 3DCA 768b
Murder--Second degree--Evidence--Expert--Crime scene investigator--Harmless error 3DCA 49b
Murder--Second degree--Evidence--Statements of defendant--Statement made shortly before shooting that defendant wanted to shoot someone's head off 3DCA 514a
Murder--Second degree--Evidence--Victim's reputation--Prior rude, threatening, and aggressive conduct outside defendant's house--Absence of evidence that defendant was aware of victim's conduct 4DCA 1232a
Murder--Second degree--Evidence--Victim's reputation for violence--Exclusion of evidence--Absence of predicate demonstrating proffered witness had sufficient knowledge of victim's reputation for violence 4DCA 1285b
Murder--Second degree--Evidence--Witness's reluctance to testify--Question of witness as to whether he was worrying about testifying 3DCA 514a
Murder--Second degree--Ill will, spite, hatred, or evil intent--Jury issue 3DCA 1342a
Murder--Second degree--Immunity--Stand Your Ground law--Factual issues--Adjudication by trial court 3DCA 1342a
Murder--Second degree--Immunity--Stand Your Ground law--Pretrial determination on motion to dismiss--Procedure 3DCA 1342a
Murder--Second degree--Immunity--Stand Your Ground law--Shooting after threat of imminent death or bodily harm had passed 2DCA 119a
Murder--Second degree--Jury instructions--Independent act--Death of victim a reasonably foreseeable consequence of plan set in motion by defendant and others 3DCA 1242a
Murder--Second degree--Jury instructions--Lesser included offenses--Manslaughter--Standard instruction 3DCA 32d; 4DCA 1232a; 3DCA 1245a; 4DCA 1285b
Murder--Second degree--Jury instructions--Lesser included offenses--Manslaughter by act--Standard instruction 2DCA 1099a
Murder--Second degree--Principal--New trial--Appellate court reversal of codefendant/shooter's conviction based on errors which were relevant to defendant's closely intertwined defense 4DCA 450a
Murder--Second degree with firearm--Attempt--Jury instructions--Justifiable and excusable homicide--Absence of manslaughter on verdict form either as charged or lesser offense 1DCA 1380b
Murder--Sentencing--Death penalty--see, Sentencing--Death penalty
New trial--Bolstering of credibility of prosecution witness--Officer's opinion that witness's statements concerning crime were truthful SCO 133a
New trial--Burglary with battery--Jury instructions--Lesser included offenses--Burglary--Refusal to give requested instruction 2DCA 397c
New trial--Counsel--Appellate--Ineffectiveness--Failure to argue that trial court reversibly erred in responding to jury's requests for readback of trial testimony without providing defense counsel notice or opportunity to be heard and participate in proceedings 2DCA 142a
New trial--Escape--Argument--Restrictions on comments by defense counsel concerning lawful custody element of escape charge--Jury instructed to consider whether defendant was in lawful custody 3DCA 403a
New trial--Jurors' brief observation of defendant in jail uniform outside courtroom SCO 256a
New trial--Verdict contrary to manifest weight of evidence--Denial of motion for new trial--Application of "sufficiency of evidence" standard when ruling on motion 2DCA 475a
New trial--Verdict contrary to manifest weight of evidence--Proper standard for evaluating motion 2DCA 475a; 5DCA 523a
Official misconduct--Submission of falsified tuition reimbursement paperwork by county employee--Separate counts for each semester for which falsified paperwork was submitted 3DCA 414a
Operating chop shop--Knowingly aiding and abetting another in operating, owning, or conducting chop shop--Sufficiency of evidence 4DCA 564a
Organized scheme to defraud--Grand theft--Separate convictions arising from same conduct--Double jeopardy 4DCA 649b
Parole--Presumptive parole release date--Administrative review--Mandamus--Consideration of untimely petition for review--Delay in receipt of notice of determination 1DCA 1170a
Petit theft--Evidence--Photographs produced from surveillance video--Duplicates 3DCA 49c
Petit theft--First degree--Fair market value of stolen checkbook--Consideration of total amount on deposit in bank account 4DCA 1284a
Petit theft--First degree--Value of stolen property--Checkbook containing only blank checks which were worth only the paper they were written on 4DCA 1284a
Petit theft--First degree--Value of stolen property--Failure to prove value of $100 or more, but less than $300--Reduction to second degree offense 4DCA 1284a
Plea--Colloquy--Failure to conduct proper colloquy before accepting plea--Appeals 1DCA 171a
Plea--Factual basis--Absence--Post conviction relief 4DCA 886b
Plea--Factual basis--Inquiry--Trial court's failure to inquire on record--Factual basis determinable by looking at sentencing recommendation signed by defendant which expressly incorporated arrest reports as factual basis for plea 1DCA 861d
Plea--Sentencing--Excess of plea bargain--Failure to appear--Willfulness 2DCA 1324a
Plea--Vacation--Immigration and deportation consequences--Failure to advise--Timeliness of motion 3DCA 600a
Plea--Violation of plea agreement by court--Appeals--Preservation of issue 2DCA 1151c
Plea--Voluntariness SCO 85a
Plea--Voluntariness--Anti-psychotic medication--Post conviction relief 1DCA 1155a
Plea--Voluntariness--Coercion by counsel--Pro se motion--Limited hearing followed by appointment of conflict-free counsel, if appropriate 2DCA 476a
Plea--Voluntariness--Failure to advise of maximum sentence and of possibility of habitual offender sentence upon violation of probation 4DCA 1175b
Plea--Voluntariness--Failure to inform of collateral consequences of plea--Civil commitment under Jimmy Ryce Act--Post conviction relief--Timeliness of motion 5DCA 301a
Plea--Voluntariness--Immigration or deportation consequences--Failure to advise 2DCA 537b
Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Post conviction relief--Sufficiency of motion 3DCA 201b; 3DCA 1075b
Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Post conviction relief--Timeliness of motion 4DCA 125a; 3DCA 413b
Plea--Voluntariness--Immigration or deportation consequences--Misadvice that defendant would never be deported as result of plea 4DCA 749a
Plea--Voluntariness--Immigration or deportation consequences--Misadvice that defendant would never be deported as result of plea--Timeliness of motion--Laches 4DCA 749a
Plea--Voluntariness--Mental defects and influence of illegal substances 4DCA 332a
Plea--Voluntariness--Midtrial plea to lesser included offenses--Failure to inform defendant of maximum penalties or consequences of violating subsequent probation 2DCA 1362a
Plea--Voluntariness--Misadvice regarding possible defenses 1DCA 519b
Plea--Voluntariness--Misadvice regarding potential sentence 1DCA 519b
Plea--Voluntariness--Post conviction relief 2DCA 1231a
Plea--Voluntariness--Pro se motion--Defendant represented by counsel--Limited hearing followed by appointment of conflict-free counsel, if appropriate 2DCA 476a
Plea--Withdrawal--Acceptance of plea without ensuring defendant understood consequences of habitual offender sentence 2DCA 579a
Plea--Withdrawal--Completion of obligations under plea agreement by state--Failure of court to state that it accepted the plea 1DCA 822a
Plea--Withdrawal--Counsel--Appointed--Conflict-free counsel--Adversarial relationship between defendant and counsel with respect to plea 2DCA 1318a
Plea--Withdrawal--Counsel--Appointed--Conflict-free counsel--Hearing--Failure to conduct--Harmless error--Allegations of coercion by misadvice as to maximum penalty conclusively refuted by plea colloquy 4DCA 1054b
Plea--Withdrawal--Counsel--Appointed--Conflict-free counsel--Plea colloquy conclusively refuting allegations of coercion by misadvice as to maximum penalty 4DCA 1054b
Plea--Withdrawal--Denial--Failure to show plea was involuntary 2DCA 164a
Plea--Withdrawal--Denial of motion--Absence of defendant 2DCA 1318a
Plea--Withdrawal--Denial of motion--Appeals--Timeliness 4DCA 1290a
Plea--Withdrawal--Failure of court to state that it accepted the plea--State having performed its obligations under plea agreement 1DCA 822a
Plea--Withdrawal--Good cause--Alleged promises to induce defendant to enter substantial assistance agreement 4DCA 8a
Plea--Withdrawal--Good cause--Failure to demonstrate 1DCA 861d
Plea--Withdrawal--Good cause--Mental illness at time of entering substantial assistance agreement 4DCA 8a
Plea--Withdrawal--Good cause--Misinformation as to terms and outcomes resulting from substantial assistance agreement 4DCA 8a
Plea--Withdrawal--Immigration or deportation consequences--Failure to advise--Defendant subject to deportation as result of pleas in two separate cases 3DCA 549a
Plea--Withdrawal--Immigration or deportation consequences--Failure to advise--Timeliness of motion SCO 217a
Plea--Withdrawal--Jurisdiction--Notice of appeal filed 1DCA 1214a
Plea--Withdrawal--Jurisdiction--Notice of appeal pending 1DCA 687a
Plea--Withdrawal--Misadvice of counsel as to lowest permissible sentence 1DCA 1100a
Plea--Withdrawal--Pro se motion--Defendant represented by counsel 2DCA 370a
Plea--Withdrawal--Pro se motion--Defendant represented by counsel--Adversarial relationship 2DCA 1051b
Plea--Withdrawal--Pro se motion--Defendant represented by counsel--Adversarial relationship--Hearing 1DCA 928b
Plea--Withdrawal--Pro se motion--Defendant represented by counsel--Hearing--Motion to withdraw plea before sentencing 1DCA 1102a
Plea--Withdrawal--Probation violation 2DCA 1318a
Plea--Withdrawal--Timeliness of motion 3DCA 522a
Plea--Withdrawal--Timeliness of motion--Mailbox rule 3DCA 32e
Plea--Withdrawal--Untimely motion--Treatment of motion as one filed under rule 3.850 2DCA 811d
Polygraph--Prosecution witness--Cross-examination regarding witness's polygraph examination--Refusal to allow 4DCA 239a
Polygraph--Prosecution witness--Passing reference to fact that witness had gone to state attorney's office to take polygraph 4DCA 239a
Possession of cannabis--Constructive possession--Marijuana found in proximity to defendant at time he was discovered in utility room--Defendant's statement that he was in utility room with his companions "to smoke" 4DCA 610b
Possession of cannabis--Constructive possession--Marijuana in plain view in vehicle owned and driven by defendant while passenger admittedly was smoking marijuana 4DCA 124b
Possession of cannabis--Constructive possession--Possession by passenger in back seat of vehicle being driven by defendant 1DCA 819a
Possession of cannabis--Inconsistent verdicts--Verdict in trafficking count finding defendant not guilty of possession--Verdict in simple possession count finding defendant guilty of possessing more than 20 grams of cannabis 3DCA 1304b
Possession of cannabis over twenty grams--Possession of cannabis with intent to sell--Separate convictions--Double jeopardy 4DCA 562a
Possession of cannabis over twenty grams--Possession of cannabis with intent to sell or deliver--Separate convictions--Double jeopardy 4DCA 821a
Possession of cannabis with intent to deliver--Knowledge of illicit nature of substance--Elimination of knowledge as element of offense--Constitutionality of statute 1DCA 1213b
Possession of cannabis with intent to sell--Possession of more than twenty grams of cannabis--Separate convictions--Double jeopardy 4DCA 562a
Possession of cannabis with intent to sell or deliver--Possession of cannabis over twenty grams--Separate convictions--Double jeopardy 4DCA 821a
Possession of cocaine--Constructive possession--Cocaine in plain view next to where defendant had been sitting a short time earlier 1DCA 931d
Possession of cocaine--Constructive possession--Cocaine in plain view on floorboard of right rear passenger seat where defendant had been seated 5DCA 259a
Possession of cocaine--Constructive possession--Conflicting inferences concerning defendant's relationship to mobile home where contraband and paraphernalia were found--Jury issue 1DCA 931d
Possession of cocaine--Jury instructions--Affirmative defense of lack of knowledge that substance possessed was cocaine--Refusal to give requested instruction 4DCA 1177a
Possession of cocaine--Jury instructions--Use of conjunction "and/or" between codefendants' names--Harmless error 1DCA 931d
Possession of cocaine--Knowledge that substance was cocaine--Jury instructions--Affirmative defense of lack of knowledge--Refusal to give requested instruction 4DCA 1177a
Possession of cocaine with intent to sell--Evidence--Seven bags of suspected cocaine, only one of which had been laboratory tested--Amount of cocaine not element of offense 4DCA 1281b
Possession of controlled substance--Constructive possession--Contraband found in pill bottle inside small travel toiletry bag, which was inside duffel bag--Jointly occupied residence 1DCA 821h
Possession of controlled substance--Constructive possession--Contraband found in pill bottle inside small travel toiletry bag, which was inside duffel bag--Presence of defendant's passport in duffel bag 1DCA 821h
Possession of controlled substance--Constructive possession--Jointly occupied premises--Independent proof of defendant's knowledge of presence of contraband 1DCA 821h
Possession of controlled substance--Discovery of controlled substance during detention for sole purpose of issuing trespass warning 4DCA 1177b
Possession of drug paraphernalia--Constructive possession--Conflicting inferences concerning defendant's relationship to mobile home where contraband and paraphernalia were found--Jury issue 1DCA 931d
Possession of drug paraphernalia--Constructive possession--Paraphernalia in plain view next to where defendant had been sitting a short time earlier 1DCA 931d
Possession of drug paraphernalia--Jury instructions--Use of conjunction "and/or" between codefendants' names--Harmless error 1DCA 931d
Possession of drugs--Withhold of adjudication--Third degree felony drug charge--Prior convictions not involving withholding of adjudication 4DCA 611a
Possession of firearm--Constructive possession--Firearms locked in glove box of car 4DCA 124b
Possession of firearm by convicted felon--Evidence--Prior convictions--Harmless error 4DCA 399b
Possession of firearm by convicted felon--Evidence--Statements of defendant--Corpus delicti--Independent establishment--Traffic citation made out to defendant found in room where firearm was found 4DCA 399b
Possession of firearm by convicted felon--Jury instructions--Defense of necessity--Refusal to give requested instruction--Reasonable, legal alternative to possession of firearm 1DCA 1380b
Possession of firearm by minor--Evidence--Statements of defendant--Date of birth 3DCA 1003a
Possession of firearm on school property--Lesser included offenses--Carrying concealed firearm 4DCA 505a
Possession of hydrocodone--Conspiracy--Evidence--Other crimes--Prosecution witness's reference to fact that there was warrant out for defendant's arrest for a different offense 1DCA 1007a
Possession of testosterone--Evidence--Prior convictions--Harmless error 4DCA 399b
Possession of testosterone--Evidence--Statements of defendant--Corpus delicti--Independent establishment--Testosterone found in bathroom attached to room where traffic citation made out to defendant was found 4DCA 399b
Post conviction DNA testing--Failure to demonstrate how DNA testing would exonerate defendant or mitigate his sentence SCO 206a
Post conviction relief--Amended motion--Failure to rule on issues raised in amendment 3DCA 848c
Post conviction relief--Amendment of motion--Claims which were denied "without prejudice" 4DCA 1175c
Post conviction relief--Amendment of motion--Motion denied on merits and not based on legally insufficient pleading deficiency 3DCA 189a
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient 2DCA 35a; 4DCA 71a; 5DCA 75b; 3DCA 201b; 4DCA 332a; 2DCA 374a; 3DCA 1075b; 2DCA 1210a; 2DCA 1231a
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient--Appeals--Issue not raised on appeal 2DCA 856d
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient--Failure to file amended motion 2DCA 311c
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient--Good faith basis for amendment of insufficient claim 4DCA 670a
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient--Motion denied on merits 3DCA 189a; 2DCA 579a
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient--Specification of reasonable time within which to amend 2DCA 1320a
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient--Timeliness of amendment 2DCA 976a
Post conviction relief--Amendment of motion--Motion which is legally or facially insufficient--Waiver--Abandonment of opportunity to amend post conviction motion 1DCA 100d
Post conviction relief--Amendment of motion--Timeliness 2DCA 976a
Post conviction relief--Appeals--Non-final orders--Order denying some claims and dismissing others as facially insufficient without setting reasonable time limit for amendment 2DCA 1033c
Post conviction relief--Appeals--Order denying some claims but dismissing one claim without prejudice to filing amended claim 2DCA 436b
Post conviction relief--Argument--Misleading of jury--Procedural bar SCO 53a
Post conviction relief--Competency to stand trial--Procedural bar SCO 225a
Post conviction relief--Conviction procured without affording right to counsel or securing waiver of counsel--Untimely motion 1DCA 420a
Post conviction relief--Counsel--Appellate--Ineffectiveness--Issue properly raised in appellate court 3DCA 191a
Post conviction relief--Counsel--Appointed--Office of Criminal Conflict and Civil Regional Counsel--Authority to appoint 2DCA 921a
Post conviction relief--Counsel--Ineffectiveness--see, Counsel--Ineffectiveness
Post conviction relief--Counsel--Waiver--Capital case--Change of mind regarding waiver of post conviction proceedings--Sufficiency to set aside prior valid waiver and allow reinstatement SCO 370b
Post conviction relief--Counsel--Waiver--Capital case--Knowing, voluntary and intelligent waiver SCO 370b
Post conviction relief--Denial--Appeals--Motion denied in part and dismissed in part 2DCA 1324b
Post conviction relief--Denial--Appeals--Review of claims not briefed 4DCA 1336c
Post conviction relief--Denial--Appeals--Review of claims which were not briefed or otherwise pursued 2DCA 856d
Post conviction relief--Denial--Appeals--Scope of review--Issues not briefed 2DCA 1037a
Post conviction relief--Denial--Appeals--Timeliness 1DCA 275b
Post conviction relief--Denial--Attachment of portions of record showing no entitlement to relief 4DCA 10c; 2DCA 35a; 3DCA 189a; 3DCA 298b; 4DCA 886b; 2DCA 1052a; 2DCA 1151b; 1DCA 1381a; 1DCA 1392a
Post conviction relief--Denial--Attachment of portions of record showing no entitlement to relief--Supplement of record on appeal by state filing relevant portions directly in appellate court 4DCA 71a
Post conviction relief--Denial--Attachment of portions of record showing no entitlement to relief--Transmittal of entire record 4DCA 496b
Post conviction relief--Denial--Facially insufficient claim--Failure to determine 2DCA 1151b
Post conviction relief--Denial--Premature--Claims which defendant had been given leave to amend--Timeliness of amendment--Mailbox rule 2DCA 1360b
Post conviction relief--Discovery--Production of evidence for additional forensic testing SCO 64a
Post conviction relief--Discovery--State's failure to comply--Failure to disclose reports undermining accuracy or reliability of comparative bullet-lead analysis 2DCA 36b
Post conviction relief--Discovery--State's failure to comply--Plea deal between state and witness SCO 211a
Post conviction relief--Discovery--State's failure to comply--Suppression of evidence that key state witness had sexual affair with state attorney investigator SCO 211a
Post conviction relief--Discovery--State's failure to comply--Withholding of exculpatory evidence SCO 53a
Post conviction relief--Dismissal of motion--Absence of trial transcript from which to determine whether claims had legal merit 2DCA 183c
Post conviction relief--Dismissal of motion--Appeals--Dismissal with leave to refile amended motion 2DCA 1324c
Post conviction relief--Dismissal of motion without prejudice--Appeals 2DCA 1320a
Post conviction relief--Evidence--Judicial notice--Court records for state's witness 1DCA 1029c
Post conviction relief--Evidence--Newly discovered--Accomplice's confession to being shooter in murder--Evidence which would not probably produce acquittal at new trial SCO 230a
Post conviction relief--Evidence--Newly discovered--Bias of trial judge SCO 211a
Post conviction relief--Evidence--Newly discovered--Discrediting or abandonment of scientific theory advanced by state at trial--Comparative bullet lead analysis used by FBI and subsequently abandoned as unreliable 2DCA 122a
Post conviction relief--Evidence--Newly discovered--Evidence which would not probably produce acquittal on retrial 4DCA 336a
Post conviction relief--Evidence--Newly discovered--Florida Department of Law Enforcement lab report--Absence or reasonable probability that report would produce acquittal or lesser sentence SCO 64a
Post conviction relief--Evidence--Newly discovered--National Academy of Science report on forensic science--Report not newly discovered evidence SCO 64a
Post conviction relief--Evidence--Newly discovered--Prosecutorial misconduct--Knowing use of false testimony that jailhouse informant was not acting as agent of state when he gathered information from defendant SCO 43a
Post conviction relief--Evidence--Newly discovered--Recanted testimony SCO 211a; 2DCA 705b
Post conviction relief--Evidence--Newly discovered--Recanted testimony--Sworn witness affidavit--Necessity 2DCA 45a
Post conviction relief--Evidence--Newly discovered--Reports demonstrating that comparative bullet-lead analysis presented by FBI agent was flawed 2DCA 36b
Post conviction relief--Evidence--Newly discovered--Successive motion--Evidence known to defendant's counsel at time of initial post conviction proceeding SCO 348a
Post conviction relief--Evidence--Newly discovered--Timeliness of claim SCO 230a
Post conviction relief--Evidence--Newly discovered--Timeliness of motion--Evidence which could have been discovered within two-year period 5DCA 103c
Post conviction relief--Evidence--Newly discovered--Warnings of side effects of Zoloft which might have supported involuntary intoxication defense--Evidence which would not probably produce acquittal on retrial 4DCA 336a
Post conviction relief--Evidentiary hearing--Absence of defendant 2DCA 181a
Post conviction relief--Evidentiary hearing--Counsel--Appointed 3DCA 32f
Post conviction relief--Evidentiary hearing--Counsel--Appointed--Issues not requiring assistance of counsel 3DCA 1128a
Post conviction relief--Evidentiary hearing--Counsel--Appointed--Pro se defendant not requesting that counsel be appointed 3DCA 1128a
Post conviction relief--Evidentiary hearing--Denial SCO 93a
Post conviction relief--Evidentiary hearing--Full and fair hearing--Exclusion of witnesses SCO 211a
Post conviction relief--Extension of time to file motion 3DCA 299a
Post conviction relief--False testimony--Presentation by state SCO 249a
Post conviction relief--False testimony--Presentation by state--Attachment of portions of record conclusively refuting claim 2DCA 705b
Post conviction relief--False testimony--Presentation by state--Failure to establish that testimony was false or that state knew that testimony was false SCO 53a
Post conviction relief--Frivolous motion 4DCA 448a; 4DCA 566a
Post conviction relief--Information--Absence of sworn statement of material witness--Plea entered 5DCA 103c
Post conviction relief--Issues properly raised on appeal--Claim that defendant was improperly convicted of failure to appear 2DCA 311b
Post conviction relief--Issues which could have been raised in prior rule 3.850 motion 3DCA 1092a
Post conviction relief--Judges--Successor judge--Reliance on evidentiary hearing conducted by predecessor judge 2DCA 920a
Post conviction relief--Jurisdiction--Amended motion--Premature appeal of order denying initial motion 2DCA 436b
Post conviction relief--Jurisdiction--Appeal pending 1DCA 714a
Post conviction relief--Jurisdiction--Pendency of appeal of denial of prior post conviction motion 2DCA 1150b
Post conviction relief--Jurisdiction--Petition alleging ineffective assistance of appellate counsel pending in appellate court 5DCA 696a
Post conviction relief--Jury instructions--Errors--Issues properly raised on direct appeal 3DCA 191a
Post conviction relief--Memorandum of law in support of motion--Failure to consider 5DCA 988a
Post conviction relief--Motion--Timeliness 4DCA 566a
Post conviction relief--Motion--Timeliness--"Motion to Accept Rule 3.850 as Timely Filed"--Denial--Attachment of portions of record showing no entitlement to relief 2DCA 182a
Post conviction relief--Motion--Timeliness--Amended motion--Leave to amend and extension of time within which to amend specifically granted by court 4DCA 1234a
Post conviction relief--Motion--Timeliness--Claim of lack of subject matter jurisdiction 5DCA 103c
Post conviction relief--Motion--Timeliness--Claim of newly discovered evidence 5DCA 103c
Post conviction relief--Motion--Timeliness--Commencement of period 4DCA 157a
Post conviction relief--Motion--Timeliness--Extension of period--Denial--Appeals--Proper procedure 2DCA 478a
Post conviction relief--Motion--Timeliness--Extension of period--Good cause 4DCA 157a
Post conviction relief--Motion--Timeliness--Extension of time within which to file second motion--Denial--Appeals--Non-final, nonappealable order 2DCA 1323a
Post conviction relief--Motion--Timeliness--Last day of two-year period for filing timely motion falling on legal holiday 2DCA 835a
Post conviction relief--Motion--Timeliness--Motion claiming that circuit court lacked jurisdiction to enter judgment and sentence 2DCA 437a
Post conviction relief--Motion--Timeliness--Motion filed by newly retained counsel before expiration of abeyance period granted by court 2DCA 1362a
Post conviction relief--Motion--Timeliness--Motion filed within two years after amended final judgment 1DCA 106d
Post conviction relief--Motion--Timeliness--Motion filed within two years of judgment and sentence becoming final--Appellate court mandate on direct appeal 2DCA 706b
Post conviction relief--Motion--Timeliness--Motion filed within two years of judgment and sentence becoming final--Finality of judgment--Expiration of 30-day period for filing appeal 1DCA 1016a
Post conviction relief--Motion--Timeliness--Plea--Voluntariness--Immigration or deportation consequences--Failure to advise 3DCA 413b
Post conviction relief--Motion--Timeliness--Tolling of period--Resentencing resulting from successful rule 3.800 motions 2DCA 704c
Post conviction relief--Motion--Withdrawal 4DCA 655b
Post conviction relief--Motion--Withdrawal--Filing of voluntary dismissal prior to ruling on post conviction motion--Absence of prejudice to state 1DCA 380c
Post conviction relief--Newly discovered evidence--Accomplice's confession to being shooter in murder--Evidence which would not probably produce acquittal at new trial SCO 230a
Post conviction relief--Newly discovered evidence--Bias of trial judge SCO 211a
Post conviction relief--Newly discovered evidence--Discrediting or abandonment of scientific theory advanced by state at trial--Comparative bullet lead analysis used by FBI and subsequently abandoned as unreliable 2DCA 122a
Post conviction relief--Newly discovered evidence--Evidence which would not probably produce acquittal on retrial 4DCA 336a
Post conviction relief--Newly discovered evidence--Florida Department of Law Enforcement lab report--Absence or reasonable probability that report would produce acquittal or lesser sentence SCO 64a
Post conviction relief--Newly discovered evidence--National Academy of Science report on forensic science--Report not newly discovered evidence SCO 64a
Post conviction relief--Newly discovered evidence--Prosecutorial misconduct--Knowing use of false testimony that jailhouse informant was not acting as agent of state when he gathered information from defendant SCO 43a
Post conviction relief--Newly discovered evidence--Recanted testimony SCO 211a; 2DCA 705b
Post conviction relief--Newly discovered evidence--Recanted testimony--Sworn witness affidavit--Necessity 2DCA 45a
Post conviction relief--Newly discovered evidence--Reports demonstrating that comparative bullet-lead analysis presented by FBI agent was flawed 2DCA 36b
Post conviction relief--Newly discovered evidence--Successive motion--Evidence known to defendant's counsel at time of initial post conviction proceeding SCO 348a
Post conviction relief--Newly discovered evidence--Timeliness of claim SCO 230a
Post conviction relief--Newly discovered evidence--Timeliness of motion--Evidence which could have been discovered within two-year period 5DCA 103c
Post conviction relief--Newly discovered evidence--Warnings of side effects of Zoloft which might have supported involuntary intoxication defense--Evidence which would not probably produce acquittal on retrial 4DCA 336a
Post conviction relief--Order--Adoption and incorporation of state's response 2DCA 1323b
Post conviction relief--Plea--Absence of factual basis in record 4DCA 886b
Post conviction relief--Plea--Voluntariness 2DCA 1231a
Post conviction relief--Plea--Voluntariness--Anti-psychotic medication 1DCA 1155a
Post conviction relief--Plea--Voluntariness--Coercion by counsel--Pro se motion--Limited hearing followed by appointment of conflict-free counsel, if appropriate 2DCA 476a
Post conviction relief--Plea--Voluntariness--Failure to advise of maximum sentence and of possibility of habitual offender sentence upon violation of probation 4DCA 1175b
Post conviction relief--Plea--Voluntariness--Failure to inform of collateral consequences of plea--Civil commitment under Jimmy Ryce Act--Timeliness of motion 5DCA 301a
Post conviction relief--Plea--Voluntariness--Immigration or deportation consequences--Failure to advise 2DCA 537b
Post conviction relief--Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Sufficiency of motion 3DCA 201b; 3DCA 1075b
Post conviction relief--Plea--Voluntariness--Immigration or deportation consequences--Failure to advise--Timeliness of motion 4DCA 125a; 3DCA 413b; 4DCA 125a
Post conviction relief--Plea--Voluntariness--Immigration or deportation consequences--Misadvice that defendant would never be deported as result of plea 4DCA 749a
Post conviction relief--Plea--Voluntariness--Immigration or deportation consequences--Misadvice that defendant would never be deported as result of plea--Timeliness of motion--Laches 4DCA 749a
Post conviction relief--Plea--Voluntariness--Mental defects and influence of illegal substances 4DCA 332a
Post conviction relief--Plea--Voluntariness--Midtrial plea to lesser included offenses--Failure to inform defendant of maximum penalties or consequences of violating subsequent probation 2DCA 1362a
Post conviction relief--Plea--Withdrawal--Acceptance of plea without ensuring defendant understood consequences of habitual offender sentence 2DCA 579a
Post conviction relief--Procedural bar--Claim which should have been raised on direct appeal--Failure to separate from claims remanded for attachment of portion of record conclusively refuting claims or evidentiary hearing 3DCA 189a
Post conviction relief--Reinstatement of motion and assignment to different judge--Mandamus--Judge who acted on motion disqualified prior to trial proceedings based on prior prosecution of defendant while judge was assistant state attorney 1DCA 212a
Post conviction relief--Ruling on motion--Mandamus 1DCA 315b
Post conviction relief--Sentencing--Credit for time served--Jail time--Time served in out-of-state jail 2DCA 144a
Post conviction relief--Sentencing--Credit for time served--Jail time--Time spent in foreign jail following arrest on fugitive warrant--Remedy 2DCA 220b
Post conviction relief--Sentencing--Death penalty--New sentencing proceeding--Prosecutorial misconduct--Knowing use of false testimony that jailhouse informant was not acting as agent of state when he gathered information from defendant SCO 43a
Post conviction relief--Shackling of defendant--Procedural bar SCO 64a
Post conviction relief--Successive motions SCO 93a; 5DCA 301a; 4DCA 456a; 4DCA 566a; 3DCA 1092a
Post conviction relief--Successive motions--Claim which could have been raised in prior motion which was decided on merits 3DCA 773a
Post conviction relief--Successive motions--Denial of rule 3.170 motion which did not contain same claims as presented in rule 3.850 motion and appellate court affirmance of that denial 4DCA 10c
Post conviction relief--Successive motions--Newly discovered evidence--Evidence known to defendant's counsel at time of initial post conviction proceeding SCO 348a
Post conviction relief--Successive motions--Prior motion addressing separate judgment and sentence 1DCA 100b
Post conviction relief--Venue--Challenge to conviction and sentence 2DCA 975b
Post conviction relief--Venue--Transfer--County of conviction and sentencing transferring post conviction motion to county where defendant was charged 2DCA 975b
Pretrial detention--Absence of conditions of release to assure defendant's presence at trial--Absence of finding 4DCA 873f
Pretrial detention--Failure to appear--Willfulness--Absence of finding SCO 311a
Pretrial detention--Failure to appear at arraignment--Willfulness--Absence of finding--Defendant not placing conduct in failure to appear at issue 4DCA 873f
Pretrial detention--Failure to consider whether conditions of release were appropriate SCO 311a
Pretrial intervention program--Continued participation in program--Voluntariness 4DCA 534a
Pretrial intervention program--Failure of drug test administered as part of program--Sanctions--Jail-based drug treatment program 4DCA 534a
Prisoners--Civil restitution lien for costs of incarceration--Assertion as counterclaim in prisoner's tort action against Department of Corrections--Limitation of actions 1DCA 228a
Prisoners--Commitment papers--Noncompliance with statute--Habeas corpus--Inmate's cause of action 1DCA 443b
Prisoners--Gain time--Challenge to Department of Corrections disciplinary order reducing gain time--Venue--Transfer of venue without notice or opportunity to be heard 4DCA 399a
Prisoners--Gain time--Forfeiture--Challenge--Res judicata--Issues properly remedied in prior case 1DCA 800c
Prisoners--Gain time--Incentive gain time and basic gain time earned since return to custody--Res judicata--Issues not addressed in prior proceedings 1DCA 800c
Prisoners--Parole--Presumptive parole release date--Administrative review--Mandamus--Consideration of untimely petition for review--Delay in receipt of notice of determination 1DCA 1170a
Pro se filings--Appeals--Rehearing--Pro se motion for rehearing filed by defendant who is represented by counsel who has filed brief on the merits--Striking of motion 2DCA 397a
Pro se filings--Prohibition 5DCA 104a; 1DCA 105b; 1DCA 233a; 1DCA 518a; 3DCA 898b; 1DCA 1029b
Pro se filings--Prohibition--Order to show cause 1DCA 1015a
Pro se filings--Prohibition--Repetitive motions--Motions not raising issues which had previously been adjudicated 1DCA 1136a
Pro se filings--Prohibition--Single pro se petition filed 1DCA 1016d
Pro se motions--Prohibition--Defendant who had filed three non-frivolous motions 3DCA 360e
Pro se pleadings--Prohibition 1DCA 1271a
Probation--Conditions--Electronic monitoring--Sexual offender--Sexual offender who violated probation and had probation reinstated 5DCA 1200a
Probation--Conditions--Modification--Change from no-contact and GPS monitoring to prohibition against living within ten miles of victim--Double jeopardy--Absence of affidavit of violation 2DCA 324a
Probation--Conditions--Modification--Double jeopardy--Enhancement of conditions in absence of affidavit of violation 2DCA 324a
Probation--Conditions--Relationship to offense of conviction--Waiver of issue--Plea agreement specifically agreeing to challenged probationary conditions 5DCA 1313a
Probation--Conditions--Sex offender probation--Curfew--Correction of written order to reflect correct curfew hours 5DCA 1313a
Probation--Conditions--Submission to warrantless administrative search by law enforcement officer without presence of probation officers--Special condition--Oral pronouncement 4DCA 649b
Probation--Drug offender probation--Eligibility--Prior non-drug felony convictions 4DCA 616b
Probation--Drug offender probation--Negotiated plea 1DCA 925c
Probation--Drug offender probation--Non-drug offense 4DCA 247a
Probation--Drug offender probation--Non-qualifying offense--Trafficking in cocaine 2DCA 113a
Probation--Modification--Violation of condition created by probation officer--Requirement that defendant on sex offender probation report daily to probation office 2DCA 2a
Probation--Order--Correction--Curfew hours 5DCA 1313a
Probation--Reinstatement--Continuation of probation 2DCA 813a
Probation--Revocation--Associating with persons engaged in criminal activity 2DCA 319b
Probation--Revocation--Change of residence or employment or leaving county of residence without permission--Willfulness 1DCA 1383a
Probation--Revocation--Change of residence without permission--Willfulness--Defendant forced by Department of Transportation to move from assigned residence beneath bridge 4DCA 651a
Probation--Revocation--Conduct not charged in probation violation affidavit 5DCA 422a
Probation--Revocation--Contact with victim--Calling and speaking to victim's mother--Willfulness 4DCA 998b
Probation--Revocation--Counsel--Self-representation 2DCA 1315b
Probation--Revocation--Curfew violation--Illness 3DCA 271b
Probation--Revocation--Discovery--Confidential informant--Disclosure--Informant whose controlled buy supplied basis for search warrant and ultimate arrest of defendant on new drug charges of which defendant was ultimately acquitted but which formed basis for probation revocation 4DCA 499a
Probation--Revocation--Evidence--Hearsay 2DCA 47b
Probation--Revocation--Evidentiary hearing--Defendant not admitting to violating condition of probation 2DCA 319b
Probation--Revocation--Failure to report to probation officer as directed 3DCA 256a
Probation--Revocation--Failure to report to probation officer on monthly basis--Condition not checked on order of supervision of probation 3DCA 1191a
Probation--Revocation--Failure to reregister as sex offender--Willfulness--Finding 1DCA 817a
Probation--Revocation--Judges--Ex parte conversations with attorney and bailiff in which trial court made statements regarding defendant's guilt--New hearing 2DCA 397b
Probation--Revocation--Judges--Successor judge 3DCA 953a
Probation--Revocation--Jurisdiction--Expiration of probationary term--Tolling of probationary term--Prior probation violations--Original probationary term continued after prior violations 5DCA 1203b
Probation--Revocation--Jurisdiction--Offense for which sentence completed 4DCA 1117a
Probation--Revocation--Moving from residence without permission--Sufficiency of evidence 1DCA 71b
Probation--Revocation--New offense 1DCA 1385b
Probation--Revocation--New offense--Driving without valid driver's license--Sufficiency of evidence 4DCA 651b
Probation--Revocation--New offense--Evidence--Hearsay 2DCA 47b
Probation--Revocation--New offense--Failure to provide proof of insurance--Sufficiency of evidence to establish defendant as driver of vehicle involved in crash 4DCA 651b
Probation--Revocation--New offense--Failure to remove obstructing vehicle--Sufficiency of evidence 4DCA 651b
Probation--Revocation--New offense--Failure to report a crash--Sufficiency of evidence to establish defendant as driver of vehicle involved in crash 4DCA 651b
Probation--Revocation--New offense--Leaving scene of accident without giving information--Sufficiency of evidence to establish defendant as driver of vehicle involved in crash 4DCA 651b
Probation--Revocation--New offense--New conviction reversed on appeal 2DCA 877b
Probation--Revocation--New offense--Offense committed before court had reinstated probation 2DCA 813a
Probation--Revocation--New offense--Perjury in unofficial proceeding--Sufficiency of evidence 3DCA 48b
Probation--Revocation--New offense--Possession of firearms--Constructive possession--Firearms locked in glove box of car 4DCA 124b
Probation--Revocation--New offense--Possession of marijuana--Constructive possession--Evidence insufficient to show that defendant had ability to maintain control over marijuana 1DCA 819a
Probation--Revocation--New offense--Possession of marijuana--Constructive possession--Marijuana in plain view in vehicle owned and driven by defendant while passenger admittedly was smoking marijuana 4DCA 124b
Probation--Revocation--New offense--Reckless driving--Sufficiency of evidence 4DCA 651b
Probation--Revocation--Order--Correction--Violation for which no evidence was presented 1DCA 1385b
Probation--Revocation--Order--Written--Conformance to oral pronouncement 3DCA 48b; 3DCA 191b
Probation--Revocation--Order--Written--Conformance to oral pronouncement--Condition violated 1DCA 1270a
Probation--Revocation--Order--Written--Specification of conditions violated 5DCA 422a; 4DCA 610a; 4DCA 651b; 4DCA 842a
Probation--Revocation--Plea--Voluntariness--Misadvice regarding possible defenses to alleged violation 1DCA 519b
Probation--Revocation--Plea--Voluntariness--Misadvice regarding potential sentence 1DCA 519b
Probation--Revocation--Plea--Withdrawal 2DCA 1318a
Probation--Revocation--Sentencing--see, Sentencing--Probation revocation
Probation--Revocation--Valid and invalid violations 2DCA 47b; 1DCA 71b; 4DCA 124b; 1DCA 1383a
Probation--Sexual offender--Conditions--Electronic monitoring--Sexual offender who violated probation and had probation reinstated 5DCA 1200a
Probation revocation--New offense--Admission to arrest for new offense 2DCA 1033b
Prohibition--Retrial after mistrial--Manifest necessity for mistrial--Absence of finding 2DCA 809g
Prohibition--Speedy trial--Discharge--Failure to file notice of expiration of speedy trial period 3DCA 951a
Promoting sexual performance by child--Sexual activity occurring in private bedroom with no one else viewing 2DCA 45c
Prostitution--Deriving support from proceeds of prostitution--Escort service manager--Evidence--Hearsay--Testimonial out-of-court statements--Audiotape of conversation between undercover officer and escort 1DCA 1134a
Prostitution--Deriving support from proceeds of prostitution--Escort service manager--Sufficiency of evidence 1DCA 1134a
Prostitution--Transporting another individual for purposes of prostitution--Escort service manager--Evidence--Hearsay--Testimonial out-of-court statements--Audiotape of conversation between undercover officer and escort 1DCA 1134a
Prostitution--Transporting another individual for purposes of prostitution--Escort service manager--Sufficiency of evidence 1DCA 1134a
Public defenders--Fees--Notice and opportunity to be heard 5DCA 631a
Public defenders--Fees--Notice of right to hearing to contest amount 2DCA 165a; 2DCA 183a; 2DCA 226b; 2DCA 1361b
Public defenders--Fees--Oral pronouncement 2DCA 226b
Public defenders--Fees--Reasonable hourly amount and time spent--Absence of evidence 4DCA 938a
Public records--State attorney's office--Defendant whose conviction and sentence are final 3DCA 772c; 2DCA 1110a
Quo warranto--Withdrawal of petition 4DCA 655b
Racketeering--Conspiracy--Knowingly joining criminal enterprise--Sufficiency of evidence 4DCA 564a
Racketeering--Conspiracy--Specific intent to engage in crimes charged as predicate acts--Sufficiency of evidence 4DCA 564a
Racketeering--Knowingly joining criminal enterprise--Sufficiency of evidence 4DCA 564a
Racketeering--Specific intent to engage in crimes charged as predicate acts--Sufficiency of evidence 4DCA 564a
Record--Court records--Sealing--Eligibility--Petitioner previously receiving order sealing judicial records in separate criminal case 5DCA 1027a
Resisting, obstructing, or opposing officer--Lawful execution of legal duty--Jury instructions--Right to resist if arrest unlawful--Refusal to give requested instruction 5DCA 1208a
Resisting, obstructing, or opposing officer with violence--Arrest--Lawful execution of legal duty--Necessity to prove 4DCA 841b
Resisting, obstructing, or opposing officer with violence--Kicking and striking officer during arrest--Lawful execution of legal duty--Necessity to prove 4DCA 841b
Resisting, obstructing, or opposing officer with violence--Lawful execution of legal duty--Necessity to prove--Violence occurring during arrest 4DCA 841b
Resisting, obstructing, or opposing officer with violence--Resisting officer without violence--Separate convictions--Separate episodes of resisting two different officers 1DCA 596a
Resisting, obstructing, or opposing officer without violence--Flight--Knowledge of officer's intent to detain defendant 4DCA 841a; 3DCA 1093c
Resisting, obstructing, or opposing officer without violence--Giving false name to officer--Defendant not under arrest or being lawfully detained 2DCA 368a
Resisting, obstructing, or opposing officer without violence--Jury instructions--Erroneous identification of same officer in two counts 3DCA 515b
Resisting, obstructing, or opposing officer without violence--Jury instructions--Knowledge of victim's status as law enforcement officer--Failure to instruct--Fundamental error 1DCA 545a
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Evidence--Contents of BOLO dispatch 4DCA 879b
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Investigatory stop--Defendant who was walking down street in "high prostitution area" at 9:30 in the evening--Absence of founded suspicion 3DCA 900a
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Investigatory stop--Flight in high-crime area--Failure to prove 3DCA 1093c
Resisting, obstructing, or opposing officer without violence--Resisting officer with violence--Separate convictions--Separate episodes of resisting two different officers 1DCA 596a
Resisting, obstructing, or opposing officer without violence--Words unaccompanied by physical action--Lying about whereabouts of individual on whom officer was attempting to serve a court order 2DCA 428b
Restitution--Ability to pay--Determination at time of enforcement of restitution order 2DCA 726a
Restitution--Amount--Evidence--Victim's trial testimony 2DCA 704a
Restitution--Amount--Inadequacy--Award of current medical expenses to victim who sustained wage loss and would be required to incur additional medical expenses 2DCA 726a
Restitution--Appeals--Jurisdiction--Failure to file notice of appeal 1DCA 591a
Restitution--Appeals--Preservation of issue 3DCA 848d
Restitution--Customer payments diverted from employer by defendant-service technician--Amount of loss--Sufficiency of evidence 2DCA 163b
Restitution--Damage not causally connected or significantly related to offense 3DCA 604a
Restitution--Jurisdiction--Appeal pending 1DCA 928a
Restitution--Lien for costs of incarceration--Assertion as counterclaim in prisoner's tort action against Department of Corrections--Limitation of actions 1DCA 228a
Restitution--Return of check tendered as partial payment of restitution--Standing 2DCA 1097a
Restitution--Value of stolen property--Replacement value/fair market value 2DCA 270c
Retaliating against witness--Threat occurring prior to witness's testimony in official proceeding 3DCA 902a
Return of property--Denial--Attachment of portions of record showing that property was seized pursuant to lawful investigation or held as evidence 2DCA 281b
Return of property--Denial of motion--Appeals--Timeliness 3DCA 675a
Return of property--Denial of motion--Reliance solely on factual representations of attorney for sheriff's office 2DCA 1229a
Return of property--Money seized during arrest 2DCA 811c
Return of property--Money seized during arrest--Order requiring police department to transfer money to clerk of court for payment of restitution, fine, and costs--Notice and opportunity to be heard 2DCA 1151a
Return of property--Timeliness of motion 3DCA 675a
Return of property--Writ of replevin filed under criminal case--Treatment of "writ" as motion to recover 2DCA 1151a
Robbery--Armed--Evidence--Firearms found in defendant's home two days after shooting, none of which were tied to charged offenses 2DCA 325a
Robbery--Armed--Evidence--Identification--Photographic lineup--Suggestiveness--Defendant only common denominator in second of two lineups 4DCA 140a
Robbery--Armed--Jury instructions--Use of conjunction "and/or" between names of victims--Harmless error 2DCA 476b
Robbery--Jury instructions--Afterthought 1DCA 930d
Robbery--Use of force, violence, assault, or putting in fear--Snatching of purse from victim's mother--Victim killed after he attempted to prevent taking by grabbing door of getaway car 3DCA 1244a
Robbery with deadly weapon--Evidence--Results of test firing of BB gun found in defendant's vehicle--Relevancy 4DCA 335a; 4DCA 1070a
Robbery with firearm--Evidence--Credibility of prosecution witness--Officer's opinion that witness's statements concerning crime were truthful--New trial SCO 133a
Sale of cocaine--Constitutionality of statute--Absence of knowledge requirement 1DCA 1391b
Search and seizure--Abandonment--Cocaine abandoned in back of police car while defendant being illegally detained during consensual vehicle search 3DCA 18a
Search and seizure--Abandonment--Items left at camp site SCO 13a
Search and seizure--Appeals--Appeal by state--Scope of review 3DCA 1240a
Search and seizure--Arrest--Vehicle passenger--Drugs in plain view on floorboard of right rear passenger seat where defendant had been seated before officer lawfully asked him to exit vehicle 5DCA 259a
Search and seizure--Arrest--Vehicle passenger--Officers observing stolen property and firearm in vehicle and learning that first name of passenger was same as person who had been identified as participant in burglary 3DCA 734a
Search and seizure--Consensual encounter--Conversion to investigatory stop--Asking for registration and proof of insurance 4DCA 1289b
Search and seizure--Consensual encounter--Conversion to investigatory stop--Mere questioning of individual with request for identification 4DCA 1289b
Search and seizure--Consensual encounter--Conversion to investigatory stop--Officer's use of spotlight and/or flashlight without approaching with hand on weapon or directing defendant to take physical action other than producing identification 4DCA 1289b
Search and seizure--Consensual encounter--Detention for sole purpose of issuing trespass warning 4DCA 1177b
Search and seizure--Consensual encounter--Officer's use of spotlight and/or flashlight without approaching with hand on weapon or directing defendant to take physical action other than producing identification 4DCA 1289b
Search and seizure--Consensual encounter--Police converging on parking lot where juvenile was standing, combined with detective's directive to "come back" as juvenile walked away 4DCA 451a
Search and seizure--Consensual encounter--Voluntary compliance with officers' request to step outside apartment 4DCA 158a
Search and seizure--Consent--Acquiescence to officer's authority--Defendant who was not free to leave giving bag from his pocket to officer after being directed to do so 5DCA 1264a
Search and seizure--Consent--Argument--Comment of defendant's refusal to consent to search 4DCA 1175e
Search and seizure--Consent--Defendant raising hands above head and spreading feet in response to officer's question whether he could check to see if defendant had anything illegal on him 2DCA 1096a
Search and seizure--Consent--Juvenile's parent 4DCA 235a
Search and seizure--Consent--Residence--Absence of protest when officers entered 4DCA 1298a
Search and seizure--Consent--Voluntariness 2DCA 1096a; 4DCA 1285a
Search and seizure--Detention--Ordering defendant to remove his hands from his pockets--Detention for sole purpose of issuing trespass warning 4DCA 1177b
Search and seizure--Detention--Reasonable suspicion--Detention for sole purpose of issuing trespass warning 4DCA 1177b
Search and seizure--Detention--Vehicle passenger--Ordering passenger out of vehicle--Reasonable suspicion that driver had committed burglary 3DCA 734a
Search and seizure--Detention--Vehicle search--Detention in handcuffs during consensual vehicle search 3DCA 18a
Search and seizure--Dog sniff--Extension of completed traffic stop to conduct dog sniff 5DCA 915a
Search and seizure--Dog sniff--Reliability--Past performance 2DCA 1261a
Search and seizure--Dog sniff--Reliability--Training and certification 2DCA 1261a
Search and seizure--Exigent circumstances--911 report of home invasion robbery--Officer reasonably satisfied that no emergency existed or that situation was no longer urgent prior to entry of residence 4DCA 1298a
Search and seizure--Exigent circumstances--Taking for safekeeping items left at burglarized camp site SCO 13a
Search and seizure--Hot pursuit--Knock and announce 3DCA 1072b
Search and seizure--Hot pursuit--Officers following defendant into apartment through open front door 3DCA 1072b
Search and seizure--Hot pursuit--Officers pursuing defendant who has been observed committing misdemeanor 3DCA 1072b
Search and seizure--Incident to arrest--Resisting, opposing, or obstructing officer without violence--Words unaccompanied by physical action--Lying about whereabouts of individual on whom officer was attempting to serve a court order 2DCA 428b
Search and seizure--Incident to arrest--Trespassing--Defendant found in apartment in which he had formerly resided SCO 374a
Search and seizure--Incident to arrest--Vehicle--Officer safety--Defendant separated from car and handcuffed prior to search--Defendant arrested for fleeing and eluding 2DCA 533b
Search and seizure--Incident to arrest--Vehicle--Reasonable belief that vehicle contained evidence relevant to crime--Fleeing and eluding 2DCA 533b
Search and seizure--Investigatory stop--Defendant matching description given by citizen informant who reported burglary and pointed out direction taken by defendant 3DCA 25a
Search and seizure--Investigatory stop--Defendant suspected of being lookout for seller of drugs to undercover officers in parking lot who attempted to leave parking lot immediately after seller was arrested 3DCA 521a
Search and seizure--Investigatory stop--Founded suspicion--Defendant walking down street in "high prostitute area" at 9:30 in the evening 3DCA 900a
Search and seizure--Investigatory stop--Loitering and prowling--Flight when officers announced their presence 4DCA 744b
Search and seizure--Investigatory stop--Loitering and prowling--Observation of defendant and codefendant sitting equidistant between residences and closed church and rummaging in their pockets 4DCA 744b
Search and seizure--Investigatory stop--Observation of defendant and codefendant sitting equidistant between residences and closed church and rummaging in their pockets 4DCA 744b
Search and seizure--Investigatory stop--Officer's use of spotlight and/or flashlight without approaching with hand on weapon or directing defendant to take physical action other than producing identification 4DCA 1289b
Search and seizure--Investigatory stop--Vehicle--Anonymous tip regarding male and female fighting in U-haul truck--Independent corroboration--Observation of male and female in passenger compartment of U-Haul truck in vicinity of U-haul rental facility 4DCA 65b
Search and seizure--Investigatory stop--Visiting known drug location that was under police surveillance 2DCA 1210a
Search and seizure--Knock and announce--Hot pursuit 3DCA 1072b
Search and seizure--Pat down--Reasonable belief that defendant was armed or dangerous--Defendant moving hands near waistband during daytime investigatory stop in which officer's concern regarding criminal activity had already been dispelled 4DCA 1290b
Search and seizure--Pat down--Reasonable suspicion--Placing hands in pocket during stop for noncriminal infraction in high crime area 5DCA 629e
Search and seizure--Plain view--Drugs in plain view of officer who accompanied defendant into apartment with defendant's consent 4DCA 158a
Search and seizure--Postal package--Package misdelivered to FBI agent with name similar to that of defendant/addressee--Actions taken by agent in private capacity 1DCA 795b
Search and seizure--Prescriptions obtained from pharmacy--Standing--Expectation of privacy--Unauthorized prescriptions--Appeals--Appeal by state--Issue first raised 2DCA 223a
Search and seizure--Prescriptions obtained from pharmacy--Standing--Expectation of privacy--Unauthorized prescriptions--Evidentiary hearing 2DCA 223a
Search and seizure--Probable cause--Observation of exchange of some object for money at residence where officer believed people might be selling drugs 4DCA 742a
Search and seizure--Probable cause--Shoes--Observation of exchange of some object for money at residence where officer believed people might be selling drugs 4DCA 742a
Search and seizure--Protective sweep--Residence--Reasonable suspicion that individuals inside home might pose danger or destroy evidence 4DCA 1119a
Search and seizure--Purse--Consent--Juvenile's parent 4DCA 235a
Search and seizure--Residence--Apartment for which eviction proceedings were pending but which had obviously been abandoned by defendant some weeks prior to entry SCO 374a
Search and seizure--Residence--Consent--Absence of protest when officers entered 4DCA 1298a
Search and seizure--Residence--Entry following arrest of individual outside home--Reasonable suspicion that individuals inside home might pose danger or destroy evidence 4DCA 1119a
Search and seizure--Residence--Exigent circumstances--911 report of home invasion robbery--Officer reasonably satisfied that no emergency existed or that situation was no longer urgent prior to entry of residence 4DCA 1298a
Search and seizure--Residence--Hot pursuit exception to warrant requirement 3DCA 1072b
Search and seizure--Residence--Knock and announce--Hot pursuit 3DCA 1072b
Search and seizure--Residence--Protective sweep--Reasonable suspicion that individuals inside home might pose danger or destroy evidence 4DCA 1119a
Search and seizure--Residence--Warrant--Affidavit--Allegations that officers received anonymous tip that residence was being used to grow marijuana, that officers conducting surveillance of residence saw pick up truck filled with garbage bags leave residence, and that garbage bags were found to contain marijuana clippings, leaves, and root systems when truck was stopped 3DCA 1125a
Search and seizure--Residence--Warrant--Affidavit--Sufficiency--Great deference to determination of issuing magistrate 3DCA 1125a
Search and seizure--Residence--Warrant--Exceptions to requirement--Good faith 1DCA 1372a
Search and seizure--Residence--Warrant--Probable cause--Affidavit--Staleness--Practical, commonsense evaluation of circumstances by issuing magistrate 1DCA 1372a
Search and seizure--Residence--Warrant--Probable cause--Child pornography suspect 1DCA 1372a
Search and seizure--Shoes--Probable cause--Observation of exchange of some object for money at residence where officer believed people might be selling drugs 4DCA 742a
Search and seizure--Standing--Expectation of privacy--Appeals--Appeal by state--Issue first raised 2DCA 223a
Search and seizure--Stop--Consensual encounter--Police converging on parking lot where juvenile was standing, combined with detective's directive to "come back" as juvenile walked away 4DCA 451a
Search and seizure--Stop--Flight--Defendant observed jumping over fence and running from backyard that was not his in high crime area 3DCA 770a
Search and seizure--Stop--Investigatory--Defendant matching description given by citizen informant who reported burglary and pointed out direction taken by defendant 3DCA 25a
Search and seizure--Stop--Investigatory--Defendant suspected of being lookout for seller of drugs to undercover officers in parking lot who attempted to leave parking lot immediately after seller was arrested 3DCA 521a
Search and seizure--Stop--Investigatory--Founded suspicion--Defendant walking down street in "high prostitute area" at 9:30 in the evening 3DCA 900a
Search and seizure--Stop--Investigatory--Loitering and prowling--Flight when officers announced their presence 4DCA 744b
Search and seizure--Stop--Investigatory--Loitering and prowling--Observation of defendant and codefendant sitting equidistant between residences and closed church and rummaging in their pockets 4DCA 744b
Search and seizure--Stop--Investigatory--Observation of defendant and codefendant sitting equidistant between residences and closed church and rummaging in their pockets 4DCA 744b
Search and seizure--Stop--Reasonable suspicion--Presence in parking lot late at night in high narcotics area 4DCA 451a
Search and seizure--Stop--Vehicle--Investigatory stop--Anonymous tip--Tip regarding male and female fighting in U-haul truck--Independent corroboration--Observation of male and female in passenger compartment of U-Haul truck in vicinity of U-haul rental facility 4DCA 65b
Search and seizure--Stop--Vehicle--Investigatory stop--Driver visiting known drug location that was under police surveillance 2DCA 1210a
Search and seizure--Stop--Vehicle--Prolonged delay after traffic stop--Subsequent dog alert on vehicle 5DCA 915a
Search and seizure--Stop--Vehicle--Reasonable suspicion--BOLO 4DCA 335a; 4DCA 1070a
Search and seizure--Stop--Vehicle--Reasonable suspicion--Computer assisted dispatch reporting that black man had tried to open back door of hotel but left in vehicle occupied by three other men 1DCA 315c
Search and seizure--Stop--Vehicle--Reasonable suspicion--Officer patrolling parking lot due to numerous complaints of drug transactions--Observation of truck entering parking lot and parking a few spaces from defendant's car, truck driver briefly getting into back seat of defendant's car, and truck driver leaning forward and extending his hand before exiting defendant's vehicle 4DCA 456b
Search and seizure--Stop--Vehicle--Speeding 4DCA 335a; 4DCA 1070a
Search and seizure--Stop--Vehicle--Vehicle which had left house where anonymous tipster and bail bondsman told police that person with outstanding arrest warrant may be found 5DCA 985b
Search and seizure--Suppression hearing--Conflicting versions of circumstances by defendant and police--Factual resolution by trial court 3DCA 1196c
Search and seizure--Vehicle--Black box--Warrant--Probable cause--Affidavit--Data tending to show reckless excessive speed--Relevance to vehicular homicide investigation 4DCA 471a
Search and seizure--Vehicle--Consent--Detention in handcuffs during consensual vehicle search 3DCA 18a
Search and seizure--Vehicle--Dog sniff--Extension of completed traffic stop to conduct dog sniff 5DCA 915a
Search and seizure--Vehicle--Incident to arrest--Officer safety--Defendant separated from car and handcuffed prior to search--Defendant arrested for fleeing and eluding 2DCA 533b
Search and seizure--Vehicle--Incident to arrest--Reasonable belief that vehicle contained evidence relevant to crime--Fleeing and eluding 2DCA 533b
Search and seizure--Vehicle--Prolonged delay after traffic stop--Subsequent dog alert on vehicle 5DCA 915a
Search and seizure--Vehicle--Stop--Investigatory--Anonymous tip--Tip regarding male and female fighting in U-haul truck--Independent corroboration--Observation of male and female in passenger compartment of U-Haul truck in vicinity of U-haul rental facility 4DCA 65b
Search and seizure--Vehicle--Stop--Investigatory--Driver visiting known drug location that was under police surveillance 2DCA 1210a
Search and seizure--Vehicle--Stop--Prolonged delay after traffic stop--Subsequent dog alert on vehicle 5DCA 915a
Search and seizure--Vehicle--Stop--Reasonable suspicion--BOLO 4DCA 335a; 4DCA 1070a
Search and seizure--Vehicle--Stop--Reasonable suspicion--Computer assisted dispatch reporting that black man had tried to open back door of hotel but left in vehicle occupied by three other men 1DCA 315c
Search and seizure--Vehicle--Stop--Reasonable suspicion--Officer patrolling parking lot due to numerous complaints of drug transactions--Observation of truck entering parking lot and parking a few spaces from defendant's car, truck driver briefly getting into back seat of defendant's car, and truck driver leaning forward and extending his hand before exiting defendant's vehicle 4DCA 456b
Search and seizure--Vehicle--Stop--Speeding 4DCA 335a; 4DCA 1070a
Search and seizure--Vehicle--Stop--Vehicle which had left house where anonymous tipster and bail bondsman told police that person with outstanding arrest warrant may be found 5DCA 985b
Search and seizure--Vehicle passenger--Arrest--Drugs in plain view on floorboard of right rear passenger seat where defendant had been seated before officer lawfully asked him to exit vehicle 5DCA 259a
Search and seizure--Vehicle passenger--Arrest--Officers observing stolen property and firearm in vehicle and learning that first name of passenger was same as person who had been identified as participant in burglary 3DCA 734a
Search and seizure--Vehicle passenger--Investigatory detention--Ordering passenger out of lawfully stopped vehicle 3DCA 734a
Search and seizure--Vehicle passenger--Ordering passenger out of vehicle--Reasonable suspicion that driver had committed burglary 3DCA 734a
Search and seizure--Warrant--Affidavit--Allegations that officers received anonymous tip that residence was being used to grow marijuana, that officers conducting surveillance of residence saw pick up truck filled with garbage bags leave residence, and that garbage bags were found to contain marijuana clippings, leaves, and root systems when truck was stopped 3DCA 1125a
Search and seizure--Warrant--Affidavit--Sufficiency--Great deference to determination of issuing magistrate 3DCA 1125a
Search and seizure--Warrant--Exceptions to requirement--Good faith 1DCA 1372a
Search and seizure--Warrant--Probable cause--Conversation between issuing magistrate and officers who submitted affidavit 1DCA 1364a
Search and seizure--Warrant--Residence--Probable cause--Affidavit--Staleness--Practical, commonsense evaluation of circumstances by issuing magistrate 1DCA 1372a
Search and seizure--Warrant--Residence--Probable cause--Child pornography suspect 1DCA 1372a
Search and seizure--Warrant--Vehicle--Black box--Probable cause--Affidavit--Data tending to show reckless excessive speed--Relevance to vehicular homicide investigation 4DCA 471a
Search and seizure--Wire communications--Cell phones--Historical site records--Absence of Fourth Amendment implications 4DCA 63a
Second degree murder--Attempt--Jury instructions--Lesser included offenses--Attempted voluntary manslaughter--Standard instruction--Erroneous suggestion that intent to kill is element of crime--Fundamental error 1DCA 1376a
Second degree murder--Attempt--Reclassification of offense to first degree felony--Use of kitchen knife to stab and cut victim 5DCA 166a
Second degree murder--Depraved mind--Driving shooter carrying AK-47 to and away from scene of shooting 3DCA 19a
Second degree murder--Depraved mind--Sufficiency of evidence 2DCA 1a; 2DCA 697a
Second degree murder--Evidence--Cauldron in which murder weapon was found--Prejudice--Risk that jurors might know that cauldron was used in practice of Santeria 3DCA 768b
Second degree murder--Evidence--Expert--Crime scene investigator--Harmless error 3DCA 49b
Second degree murder--Evidence--Statements of defendant--Statement made shortly before shooting that defendant wanted to shoot someone's head off 3DCA 514a
Second degree murder--Evidence--Victim's reputation--Prior rude, threatening, and aggressive conduct outside defendant's house--Absence of evidence that defendant was aware of victim's conduct 4DCA 1232a
Second degree murder--Evidence--Victim's reputation for violence--Exclusion of evidence--Absence of predicate demonstrating proffered witness had sufficient knowledge of victim's reputation for violence 4DCA 1285b
Second degree murder--Evidence--Witness's reluctance to testify--Question of witness as to whether he was worrying about testifying 3DCA 514a
Second degree murder--Ill will, spite, hatred, or evil intent--Jury issue 3DCA 1342a
Second degree murder--Immunity--Stand Your Ground law--Factual issues--Adjudication by trial court 3DCA 1342a
Second degree murder--Immunity--Stand Your Ground law--Pretrial determination on motion to dismiss--Procedure 3DCA 1342a
Second degree murder--Immunity--Stand Your Ground law--Shooting after threat of imminent death or bodily harm had passed 2DCA 119a
Second degree murder--Jury instructions--Independent act--Death of victim a reasonably foreseeable consequence of plan set in motion by defendant and others 3DCA 1242a
Second degree murder--Jury instructions--Lesser included offenses--Manslaughter--Standard instruction 3DCA 32d; 4DCA 1232a; 3DCA 1245a; 4DCA 1285b
Second degree murder--Jury instructions--Lesser included offenses--Manslaughter by act--Standard instruction 2DCA 1099a
Second degree murder--Principal--New trial--Appellate court reversal of codefendant/shooter's conviction based on errors which were relevant to defendant's closely intertwined defense 4DCA 450a
Second degree murder with firearm--Attempt--Jury instructions--Justifiable and excusable homicide--Absence of manslaughter on verdict form either as charged or lesser offense 1DCA 1380b
Self-defense--Jury instructions--Forcible felony exception--Absence of independent forcible felony 5DCA 808a
Self-defense--Jury instructions--State's burden of negating defense--Refusal to give requested instruction 1DCA 862a
Self-defense--Justifiable use of deadly force--Jury instructions--Standard instruction--Amendment SCO 1a
Self-defense--Justifiable use of non-deadly force--Jury instructions--Standard instruction--Amendment SCO 1a
Self-defense--Rebuttal of defense by state--Sufficiency of evidence 4DCA 883a
Self-defense--Stand Your Ground law--Shooting after threat of imminent death or bodily harm had passed 2DCA 119a
Sentencing--"Mandatory minimum"--Lewd or lascivious molestation--Statutory option of imposing split sentence of not less than 25 years' imprisonment and not exceeding life imprisonment, followed by probation or community control for remainder of natural life 2DCA 1322a
Sentencing--10/20/Life--Mandatory minimum--Carrying concealed firearm 3DCA 1193a
Sentencing--10/20/Life--Mandatory minimum--Discharge of firearm--Discharge during course of commission of felony--Firing shot into ground some seven hours prior to commission of aggravated assault on law enforcement officer 4DCA 886a
Sentencing--10/20/Life--Mandatory minimum--Discharge of firearm--Discharge during course of commission of felony--Sufficiency of evidence 4DCA 886a
Sentencing--10/20/Life--Mandatory minimum--Possession of firearm by delinquent 3DCA 1193a
Sentencing--Alternative sentencing--Drug offender probation--Eligibility--Prior non-drug felony convictions 4DCA 616b
Sentencing--Appeals--Erroneous finding that court was required to impose consecutive mandatory minimum sentences--Preservation of issue 1DCA 1279b
Sentencing--Appeals--Preservation of issue 4DCA 335a
Sentencing--Attempted second degree murder--Reclassification of offense based on use of weapon 5DCA 166a
Sentencing--Concurrent sentences--Control release violation 1DCA 278a
Sentencing--Concurrent sentences--Habitual offender--Prison Releasee Reoffender Act--Equal periods of incarceration 5DCA 278b
Sentencing--Concurrent sentences--Prison Releasee Reoffender Act--Habitual offender--Equal periods of incarceration 5DCA 278b
Sentencing--Conditional release revocation--Credit for time served on concurrent sentences--Miscalculation--Habeas corpus 5DCA 1028b
Sentencing--Consecutive sentences--Credit for time served 1DCA 1100a
Sentencing--Consecutive sentences--Habitual offender--Offenses arising out of single criminal episode--Fleeing or eluding police officer--Burglary with intent to commit offense of resisting officer without violence 3DCA 202a
Sentencing--Consecutive sentences--Mandatory minimum--Erroneous finding that court was required to impose consecutive mandatory minimum sentences--Appeals--Preservation of issue 1DCA 1279b
Sentencing--Consecutive sentences--Mandatory minimum--First-degree murder and underlying felony--Prosecution based on both premeditated and felony murder theories 1DCA 727c
Sentencing--Consecutive sentences--Prison Releasee Reoffender Act--Convictions arising out of single criminal episode 5DCA 1355a
Sentencing--Consecutive sentences--State prison sentence for misdemeanor to run consecutive to prison sentence for felony convictions--Correction of sentence 4DCA 746b
Sentencing--Consecutive sentences--Twenty-year sentence for escape consecutive to ten-year sentence for burglary 3DCA 648a
Sentencing--Considerations--Claim of innocence 4DCA 939a
Sentencing--Considerations--Improper factors--Reliance on hearsay statement of deceased co-defendant--Claim not cognizable in rule 3.800(b)(2) motion 4DCA 1070a
Sentencing--Considerations--Improper factors--Reliance on hearsay statement of deceased co-defendant--Failure to object at sentencing hearing 4DCA 1070a
Sentencing--Considerations--Lack of remorse 2DCA 306b; 4DCA 939a
Sentencing--Considerations--National origin of defendant 1DCA 272a
Sentencing--Constitutionality--Appeals--Preservation of issue 1DCA 1213b
Sentencing--Correction--Amendment of motion--Motion which is legally or facially insufficient 3DCA 848f
Sentencing--Correction--Appeals--Belated--Order failing to inform petitioner of thirty-day period to appeal 5DCA 696b
Sentencing--Correction--Attempted first degree murder with deadly weapon--Reclassification to life felony--Clerical mistake 3DCA 1130a
Sentencing--Correction--Challenge to sentencing court's jurisdiction 2DCA 531b
Sentencing--Correction--Claims previously raised and rejected 3DCA 1194a
Sentencing--Correction--Claims which have already been adjudicated 3DCA 186b
Sentencing--Correction--Consecutive sentences--Twenty-year sentence for escape consecutive to ten-year sentence for burglary 3DCA 648a
Sentencing--Correction--Credit for time served--Jail time--Attachment of portions of record refuting claim of entitlement to credit for jail time 4DCA 788a
Sentencing--Correction--Credit for time served--Jail time--Factual issues not apparent in record 2DCA 183b
Sentencing--Correction--Credit for time served--Jail time--Sufficiency of motion 2DCA 727a; 1DCA 864a
Sentencing--Correction--Credit for time served--Jail time--Sufficiency of motion--Failure to identify portions of record demonstrating entitlement to credit 4DCA 11a
Sentencing--Correction--Credit for time served--Jail time--Time served in out-of-state jail--Remedy 2DCA 144a
Sentencing--Correction--Credit for time served--Jail time--Time spent in foreign jail following arrest on fugitive warrant--Remedy 2DCA 220b
Sentencing--Correction--Denial of motion--Attachment of portions of record refuting claim of entitlement to credit for jail time 4DCA 1336b
Sentencing--Correction--Denial of motion--Attachment of portions of record showing no entitlement to relief 4DCA 57b; 5DCA 103b; 3DCA 251b; 3DCA 413a; 3DCA 515a; 3DCA 739a; 3DCA 739b; 3DCA 740d; 4DCA 788a; 1DCA 826e; 3DCA 848e; 3DCA 849a; 5DCA 856b; 3DCA 899d; 3DCA 1092b
Sentencing--Correction--Discrepancy between oral pronouncement and written sentence 3DCA 404a; 2DCA 1051a
Sentencing--Correction--Discrepancy between oral pronouncement and written sentence--Absence of transcript of sentencing hearing 5DCA 303b
Sentencing--Correction--Discrepancy between oral pronouncement and written sentence--Orally pronouncing concurrent sentences and subsequently amending judgment to impose consecutive sentences 5DCA 303b
Sentencing--Correction--Error not apparent on face of record 5DCA 911a; 2DCA 1229b
Sentencing--Correction--Excess of statutory maximum--Attempted second degree murder with firearm 2DCA 705a
Sentencing--Correction--Guidelines--Departure--Absence of written reasons 2DCA 287a
Sentencing--Correction--Guidelines--Scoresheet--Errors 3DCA 188a
Sentencing--Correction--Guidelines--Scoresheet--Errors--Resentencing--Error not de minimus 4DCA 840a
Sentencing--Correction--Guidelines--Scoresheet--Prior convictions--Conviction for which adjudication withheld on entry of guilty plea 3DCA 188a
Sentencing--Correction--Guidelines--Scoresheet--Probation revocation--Errors in scoresheet completed at time of original sentencing 1DCA 827a
Sentencing--Correction--Habitual offender--Predicate convictions--Acquiring controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge 5DCA 696d
Sentencing--Correction--Hearing--Presentation of new evidence at motion hearing 1DCA 92a
Sentencing--Correction--Illegal sentence--Drug offender probation--Negotiated plea 1DCA 925c
Sentencing--Correction--Jurisdiction--Appeal of prior motion pending--Appellate court having ruled and issued mandate 5DCA 1258b
Sentencing--Correction--Jurisdiction--Appeal pending--Appeal voluntarily dismissed prior to ruling on motion 2DCA 478b
Sentencing--Correction--Jurisdiction--Appeal pending from denial of prior motion--Prior motion raising different issue 2DCA 531b
Sentencing--Correction--Jurisdiction--Expiration of sixty-day period 2DCA 164a; 2DCA 165a
Sentencing--Correction--Jurisdiction--Motion filed too late for court to rule on motion within sixty-day period 2DCA 704b
Sentencing--Correction--Mandatory minimum--Discharge of firearm during attempt to commit a felony 2DCA 705a
Sentencing--Correction--Plea--Agreement to sentence upon revocation of conditional release which was greater than sentence provided for in initial plea 3DCA 299a; 3DCA 748b
Sentencing--Correction--Plea bargain--Defendant who accepted benefits of negotiated plea bargain 1DCA 925c
Sentencing--Correction--Probation revocation--Credit for time served--Application of credit for time served leaving forfeited gain as sole basis for post-revocation incarceration--Remedy--Habeas corpus petition 2DCA 270b
Sentencing--Correction--Probation revocation--Credit for time served--Attachment of portions of record conclusively refuting claim or evidentiary hearing 1DCA 590a
Sentencing--Correction--Repetitive motions--Motions not raising issues which had previously been adjudicated 1DCA 1136a
Sentencing--Correction--Res judicata--Denial of prior motion raising same claims affirmed by appellate court 3DCA 675c
Sentencing--Correction--Ruling on motion--Mandamus--Jurisdiction divested by filing of direct appeal 1DCA 592a
Sentencing--Correction--Sentence exceeding statutory maximum 2DCA 221b
Sentencing--Correction--Sexual predators--Designation--Challenge to designation 1DCA 378a
Sentencing--Correction--State prison sentence for misdemeanor crimes--Absence of concurrent felony sentence 4DCA 746b
Sentencing--Correction--State's agreement to relief requested in prior motion 3DCA 739a
Sentencing--Correction--Successive motions--Attachment of portions of record showing claim had been decided on the merits 1DCA 816d
Sentencing--Correction--Sufficiency of motion--Failure to disclose plea agreement 1DCA 925c
Sentencing--Correction--Vindictive sentence 2DCA 426b
Sentencing--Counsel--Renewal of offer of counsel 2DCA 948a
Sentencing--Counsel--Waiver--Inquiry--Failure to inquire further or renew offer of counsel at sentencing phase 1DCA 1388f
Sentencing--Credit for time served--Conditional release revocation--Time served on concurrent sentences--Miscalculation--Habeas corpus 5DCA 1028b
Sentencing--Credit for time served--Consecutive sentences 1DCA 1100a
Sentencing--Credit for time served--Jail time 4DCA 398b; 2DCA 706a; 2DCA 925b
Sentencing--Credit for time served--Jail time--Amended information adding new charge--Defendant in custody on new charge from date amended information filed 5DCA 73a
Sentencing--Credit for time served--Jail time--Concurrent sentences 1DCA 595b
Sentencing--Credit for time served--Jail time--Consecutive sentences 3DCA 675c
Sentencing--Credit for time served--Jail time--Correction of sentence--Attachment of portions of record refuting claim of entitlement to credit for jail time 4DCA 788a
Sentencing--Credit for time served--Jail time--Correction of sentence--Error not apparent on face of record 5DCA 911a; 2DCA 1229b
Sentencing--Credit for time served--Jail time--Correction of sentence--Factual issues not apparent in record 2DCA 183b
Sentencing--Credit for time served--Jail time--Correction of sentence--Sufficiency of motion 2DCA 727a; 1DCA 864a
Sentencing--Credit for time served--Jail time--Correction of sentence--Sufficiency of motion--Failure to identify portions of record demonstrating entitlement to credit 4DCA 11a
Sentencing--Credit for time served--Jail time--Failure to appear in court in one case resulting in arrest on bench warrant prior to filing of second information charging failure to appear as separate offense 2DCA 220a
Sentencing--Credit for time served--Jail time--Time served in another county after probation violation warrant served--Sentences not made concurrent 4DCA 11a
Sentencing--Credit for time served--Jail time--Time served in out-of-state jail--Remedy 2DCA 144a
Sentencing--Credit for time served--Jail time--Time spent awaiting placement in Bridges of America Program 2DCA 113b
Sentencing--Credit for time served--Jail time--Time spent in another county following extradition to Florida 2DCA 220b
Sentencing--Credit for time served--Jail time--Time spent in foreign jail following arrest on fugitive warrant--Remedy 2DCA 220b
Sentencing--Credit for time served--Jail time--Time spent in jail after arrest for violating probation imposed in different county 2DCA 113b
Sentencing--Credit for time served--Jail time--Time spent in jail after sentencing awaiting bed in court-ordered drug treatment facility 5DCA 104b
Sentencing--Credit for time served--Jail time--Waiver--Plea agreement--Absence of provision indicating waiver of right to credit for time served 4DCA 788a
Sentencing--Credit for time served--Jail time--Waiver--Plea agreement--Inclusion of specific language indicating specific date from which credit for time served would count toward current sentence 1DCA 83a
Sentencing--Credit for time served--Jail time--Waiver--Plea agreement--Written agreement bearing defendant's signature and stating that defendant agrees to waive a full year of credit 4DCA 293b
Sentencing--Credit for time served--Jail time--Waiver--Plea colloquy--Absence of transcript of plea colloquy indicating whether defendant knowingly and voluntarily waived right to credit for time served 4DCA 788a
Sentencing--Credit for time served--Probation revocation--Correction of sentence--Attachment of portions of record conclusively refuting claim or evidentiary hearing 1DCA 590a
Sentencing--Credit for time served--Probation revocation--Time served in another county after probation violation warrant served--Sentences not made concurrent 4DCA 11a
Sentencing--Credit for time served--Probation revocation--Time served on concurrent sentences--Consecutive sentences imposed upon revocation of probation 1DCA 800b
Sentencing--Credit for time served--Reduction of credit included in original sentencing order--Double jeopardy 1DCA 687c
Sentencing--Credit for time served--Removal of credit included in original sentencing order--Double jeopardy 2DCA 311a
Sentencing--Credit for time served--Time served on incarcerative portion of sentence 3DCA 1240b
Sentencing--Credit for time served--Time spent in evaluation and treatment facility 2DCA 925b
Sentencing--Credit for time served--Time spent in juvenile maximum-risk facility 2DCA 1320b
Sentencing--Credit for time served--Time spent in nonsecure drug treatment facility 2DCA 312a
Sentencing--Credit for time served--Time spent in secure detention under supervision of Department of Juvenile Justice 2DCA 1320b
Sentencing--Credit for time served--Time spent in secure lockdown unit of psychiatric hospital after arrest but before determination of guilt 2DCA 312a
Sentencing--Credit for time served--Time spent under house arrest 3DCA 189b
Sentencing--Credit for time served--Waiver--Plea 3DCA 1131d
Sentencing--Criminal Punishment Code--Departure--Reduction of sentence--Victim's need for restitution--Sufficiency of evidence 3DCA 298c
Sentencing--Criminal Punishment Code--Excess of statutory maximum--Lowest permissible sentence under Code exceeding statutory maximum 2DCA 1314a
Sentencing--Criminal Punishment Code--Scoresheet--Additional offenses--Offense for which trial court's jurisdiction has expired SCO 219a
Sentencing--Criminal Punishment Code--Scoresheet--Lowest permissible sentence exceeding statutory maximum--Imposition of sentence required by Code 2DCA 1314a
Sentencing--Criminal Punishment Code--Scoresheet--Offense level--Home invasion robbery--Appeals--Preservation of issue 4DCA 128b
Sentencing--Criminal punishment code--Scoresheet--Prior record--Multiple convictions arising out of single criminal episode 5DCA 102b
Sentencing--Criminal punishment code--Scoresheet--Prior record--Offenses committed after commission of offense for which defendant being sentenced 5DCA 102b
Sentencing--Cruel and/or unusual punishment--Life imprisonment for crimes committed when defendant was juvenile--Sentence imposed upon revocation of probation when defendant was 21 years old 1DCA 313b
Sentencing--Death penalty--Aggravating circumstances--Avoidance of lawful arrest SCO 153a; SCO 256a; SCO 268a; SCO 323a
Sentencing--Death penalty--Aggravating circumstances--Avoidance of lawful arrest--Jury instructions--Aggravator ultimately rejected by trial court SCO 108a
Sentencing--Death penalty--Aggravating circumstances--Circumstances not charged in indictment SCO 159a
Sentencing--Death penalty--Aggravating circumstances--Circumstances not charged in indictment or found by jury SCO 323a
Sentencing--Death penalty--Aggravating circumstances--Heinous, atrocious or cruel SCO 159a; SCO 169a; SCO 268a
Sentencing--Death penalty--Aggravating circumstances--Heinous, atrocious or cruel--Absence of evidence that defendant knew manner in which victims were killed SCO 153a
Sentencing--Death penalty--Aggravating circumstances--Murder committed in cold, calculated and premeditated manner SCO 13a; SCO 159a; SCO 169a; SCO 268a; SCO 313a
Sentencing--Death penalty--Aggravating circumstances--Murder committed in cold, calculated and premeditated manner--Heightened premeditation SCO 281a
Sentencing--Death penalty--Aggravating circumstances--Murder committed in cold, calculated and premeditated manner--Inconsistency with finding of mitigating circumstances that defendant was under extreme mental or emotional disturbance and that his capacity to conform his conduct was substantially impaired SCO 281a
Sentencing--Death penalty--Aggravating circumstances--Murder committed in cold, calculated and premeditated manner--Jury instructions--Constitutionality SCO 169a
Sentencing--Death penalty--Aggravating circumstances--Pecuniary gain SCO 13a
Sentencing--Death penalty--Aggravating circumstances--Prior violent felony--Evidence--Videotape--Surveillance tape showing defendant committing armed robbery SCO 313a
Sentencing--Death penalty--Aggravating circumstances--Prior violent felony--Exemption from decision of U.S. Supreme Court in Ring v. Arizona SCO 153a; SCO 159a; SCO 169a
Sentencing--Death penalty--Aggravating circumstances--Prior violent felony--Fact that prior felony was homicide, although defendant entered guilty plea to lesser offense of manslaughter SCO 323a
Sentencing--Death penalty--Aggravating circumstances--Valid and invalid circumstances--Harmless error SCO 153a; SCO 169a
Sentencing--Death penalty--Appeals--Jurisdiction--Exclusive jurisdiction of supreme court--Scope--Collateral proceedings in cases in which supreme court has vacated death sentence and remanded for further proceedings 3DCA 31b
Sentencing--Death penalty--Argument--Failure of counsel to object to improper penalty phase argument--Post conviction relief SCO 53a
Sentencing--Death penalty--Argument--Necessity of death penalty to hold defendant fully accountable SCO 239a
Sentencing--Death penalty--Clemency--Adequacy of hearing SCO 64a
Sentencing--Death penalty--Competency to be executed SCO 93a
Sentencing--Death penalty--Competency to be executed--Post conviction relief--Premature claim SCO 225a
Sentencing--Death penalty--Constitutionality SCO 7a; SCO 93a
Sentencing--Death penalty--Constitutionality--Absence of statewide protocol governing state attorney's decision to seek death penalty SCO 239a
Sentencing--Death penalty--Constitutionality--Defendant age 18 at time of offense but actually a juvenile when considering factors other than age SCO 239a
Sentencing--Death penalty--Constitutionality--Effect of U.S. Supreme Court decision in Apprendi v. New Jersey SCO 159a
Sentencing--Death penalty--Constitutionality--Effect of U.S. Supreme Court decision in Ring v. Arizona SCO 106a; SCO 153a; SCO 159a; SCO 281a
Sentencing--Death penalty--Constitutionality--Jury determination regarding sufficiency of aggravators and insufficiency of mitigators SCO 323a
Sentencing--Death penalty--Constitutionality--Jury selection SCO 239a
Sentencing--Death penalty--Constitutionality--Lethal injection protocol SCO 287a
Sentencing--Death penalty--Constitutionality--Single aggravating circumstance sufficient to justify death penalty SCO 159a
Sentencing--Death penalty--Counsel--Waiver--Unequivocal request--Defendant maintaining desire to discharge appointed counsel and represent himself following Nelson inquiry--Continued statements by defendant that he preferred substitute counsel SCO 365a
Sentencing--Death penalty--Cruel and/or unusual punishment--Prolonged time on death row SCO 64a
Sentencing--Death penalty--Evidence--Expert--Mental health expert--State's use of expert who conducted competency evaluation as rebuttal witness--New penalty proceeding SCO 374a
Sentencing--Death penalty--Habeas corpus SCO 225a
Sentencing--Death penalty--Jury instructions--Constitutionality SCO 287a
Sentencing--Death penalty--Jury instructions--Weight that trial judge may assign to jury's recommendation--Addition of language to standard penalty-phase instructions at defendant's request SCO 256a
Sentencing--Death penalty--Mental health experts--Failure to call--Ineffective assistance of counsel--Strategic decision SCO 23a
Sentencing--Death penalty--Mental health experts--Ineffectiveness--Post conviction relief SCO 287a
Sentencing--Death penalty--Mentally ill defendant--Post conviction relief--Procedural bar SCO 64a
Sentencing--Death penalty--Mitigating circumstances--Appointment of special counsel to investigate and present mitigation over pro se defendant's objection SCO 85a
Sentencing--Death penalty--Mitigating circumstances--Capacity to appreciate criminality of conduct or conform conduct to requirements of law substantially impaired--Rejection of mitigating circumstance SCO 159a
Sentencing--Death penalty--Mitigating circumstances--Capacity to appreciate criminality of conduct or conform conduct to requirements of law substantially impaired--Rejection of mitigating circumstance--Mitigator established by unrebutted expert testimony SCO 268a
Sentencing--Death penalty--Mitigating circumstances--Childhood and family SCO 287a
Sentencing--Death penalty--Mitigating circumstances--Extreme mental or emotional disturbance--Rejection of mitigating circumstance SCO 159a
Sentencing--Death penalty--Mitigating circumstances--Failure of counsel to investigate and present mitigating evidence--Post conviction relief SCO 53a
Sentencing--Death penalty--Mitigating circumstances--Organic brain damage SCO 287a
Sentencing--Death penalty--Mitigating circumstances--Waiver of presentation SCO 13a; SCO 53a; SCO 230a
Sentencing--Death penalty--New sentencing proceeding--Prosecutorial misconduct SCO 43a
Sentencing--Death penalty--New trial--Guilt-phase evidentiary error SCO 133a
Sentencing--Death penalty--Newly discovered evidence--Post conviction relief SCO 211a
Sentencing--Death penalty--Order--Combined order addressing sentences for two murders SCO 7a
Sentencing--Death penalty--Penalty phase jury--Waiver SCO 13a
Sentencing--Death penalty--Post conviction DNA testing--Failure to demonstrate how DNA testing would exonerate defendant or mitigate his sentence SCO 206a
Sentencing--Death penalty--Post conviction relief SCO 225a; SCO 249a
Sentencing--Death penalty--Presentence investigation report--Consideration of PSI over objection of pro se defendant SCO 85a
Sentencing--Death penalty--Presentence investigation report--Hearsay--Testimonial out-of-court statements--Appeals--Preservation of issue SCO 85a
Sentencing--Death penalty--Proportionality SCO 7a; SCO 13a; SCO 85a; SCO 108a; SCO 153a; SCO 159a; SCO 169a; SCO 239a; SCO 256a; SCO 281a; SCO 313a; SCO 323a
Sentencing--Death penalty--Proportionality--Disparate sentence of codefendant SCO 153a; SCO 239a
Sentencing--Death penalty--Proportionality--Single valid aggravator with statutory and nonstatutory mitigation SCO 268a
Sentencing--Deferred sentencing--Plea--Imposition of sentence greater than plea agreement on ground that defendant committed new offense--Sufficiency of evidence--Appeals--Preservation of issue--Failure to move to withdraw plea 2DCA 1151c
Sentencing--DUI manslaughter--Mandatory minimum--Law not in effect at time of offense 4DCA 1280c
Sentencing--Excess of legal maximum--Aggravated assault 2DCA 1319a
Sentencing--Excess of plea bargain--Failure to appear--Willfulness 2DCA 1324a
Sentencing--Excess of statutory maximum 3DCA 357a; 2DCA 376a
Sentencing--Excess of statutory maximum--100 years imprisonment--Kidnapping with firearm 2DCA 287a
Sentencing--Excess of statutory maximum--Appeals--Preservation of issue 5DCA 989a
Sentencing--Excess of statutory maximum--Attempted second degree murder with firearm 2DCA 705a
Sentencing--Excess of statutory maximum--Correction of sentence 2DCA 221b
Sentencing--Excess of statutory maximum--Criminal Punishment Code--Lowest permissible sentence under Code exceeding statutory maximum 2DCA 1314a
Sentencing--Excess of statutory maximum--Delivery of methamphetamine 2DCA 430a
Sentencing--Excess of statutory maximum--First-degree misdemeanor 2DCA 727b; 2DCA 1360a
Sentencing--Excess of statutory maximum--Habeas corpus 2DCA 221b
Sentencing--Excess of statutory maximum--Second degree murder with firearm 2DCA 1261b
Sentencing--Excess of statutory maximum and lowest permissible sentence under Criminal Punishment Code 1DCA 1164a
Sentencing--General sentence on multiple counts 2DCA 1360a
Sentencing--Gort Act--Mandate--Violation of mandate requiring that defendant be resentenced without violent career criminal enhancement 3DCA 1123a
Sentencing--Gort Act--Predicate convictions--Burglary of unoccupied dwelling 3DCA 1272b
Sentencing--Guidelines--Departure--Absence of written reasons--Correction of sentence 2DCA 287a
Sentencing--Guidelines--Departure--Reduction of sentence--Confession 1DCA 92a
Sentencing--Guidelines--Departure--Reduction of sentence--Defendant forgetting to register as sex offender because he was laid off from job 1DCA 92a
Sentencing--Guidelines--Departure--Reduction of sentence--Denial--Appeals 1DCA 596a
Sentencing--Guidelines--Departure--Reduction of sentence--Denial--Appeals--Jurisdiction 4DCA 9b
Sentencing--Guidelines--Departure--Reduction of sentence--Fact that defendant had followed judge's suggestion that he obtain valid driver's license 5DCA 1139c
Sentencing--Guidelines--Departure--Reduction of sentence--Fact that defendant had previously received substantial prison time 5DCA 1139c
Sentencing--Guidelines--Departure--Reduction of sentence--Guilty plea 1DCA 92a
Sentencing--Guidelines--Departure--Reduction of sentence--Plea bargain--Withdrawal of offer by state 3DCA 137a
Sentencing--Guidelines--Departure--Reduction of sentence--Presentation of new factors for departure at rule 3.800(b) motion hearing 1DCA 92a
Sentencing--Guidelines--Departure--Reduction of sentence--Reasons--Absence 3DCA 605a
Sentencing--Guidelines--Departure--Reduction of sentence--Unsophisticated manner in which offense committed--Non-isolated incident 1DCA 92a
Sentencing--Guidelines--Departure--Reduction of sentence--Unsophisticated manner in which offense committed--Robbery with deadly weapon 4DCA 652a
Sentencing--Guidelines--Departure--Reduction of sentence--Victim's need for restitution--Sufficiency of evidence 3DCA 298c
Sentencing--Guidelines--Departure--Reduction of sentence--Viewpoint that it made more sense for defendant to continue to be contributing member of society than to be drag on citizens by being incarcerated 5DCA 1139c
Sentencing--Guidelines--Scoresheet--Additional offenses--Offense for which trial court's jurisdiction has expired SCO 219a
Sentencing--Guidelines--Scoresheet--Errors--Resentencing--Error not de minimus 4DCA 840a
Sentencing--Guidelines--Scoresheet--Offense level--Home invasion robbery--Appeals--Preservation of issue 4DCA 128b
Sentencing--Guidelines--Scoresheet--Prior record--Conviction for which adjudication withheld on entry of guilty plea 3DCA 188a
Sentencing--Guidelines--Scoresheet--Prior record--Imposition of sentence based on disputed prior record, with condition that defendant could move to mitigate if state failed to furnish proof within sixty days 2DCA 532a
Sentencing--Guidelines--Scoresheet--Prior record--Multiple convictions arising out of single criminal episode 5DCA 102b
Sentencing--Guidelines--Scoresheet--Prior record--Offenses committed after commission of offense for which defendant being sentenced 5DCA 102b
Sentencing--Guidelines--Scoresheet--Prior record--Probation revocation--Challenge to offenses that were included in scoresheet at original sentencing 4DCA 62a
Sentencing--Guidelines--Scoresheet--Probation revocation--Errors in scoresheet completed at time of original sentencing 1DCA 827a
Sentencing--Guidelines--Scoresheet--Victim injury--Sexual contact--Touching of clothed sexual parts of victim 4DCA 618a
Sentencing--Habitual offender 3DCA 49a; 5DCA 363c
Sentencing--Habitual offender--Consecutive sentences--Offenses arising out of single criminal episode--Fleeing or eluding police officer--Burglary with intent to commit offense of resisting officer without violence 3DCA 202a
Sentencing--Habitual offender--Extension of incarcerative portion of sentence after defendant had begun serving sentence--Double jeopardy 2DCA 322b
Sentencing--Habitual offender--Oral pronouncement--Habeas corpus 3DCA 1307b
Sentencing--Habitual offender--Possession of controlled substance--Correction of sentence 5DCA 756c
Sentencing--Habitual offender--Predicate convictions--Acquiring controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge 5DCA 696d
Sentencing--Habitual offender--Predicate convictions--Grand theft 4DCA 506a
Sentencing--Habitual offender--Predicate convictions--Resentencing--Reliance on evidence of prior convictions introduced at prior sentencing hearing 1DCA 1383b
Sentencing--Habitual offender--Predicate convictions--Sequential convictions--Sentence pre-dating effective date of statute adding sequential conviction requirement 2DCA 226a
Sentencing--Habitual offender--Prison Releasee Reoffender Act--Concurrent sentences--Equal periods of incarceration 5DCA 278b
Sentencing--Habitual offender--Prison Releasee Reoffender Act--Concurrent sentences--Habitualized sentence longer than PRR sentence 5DCA 1311a
Sentencing--Habitual offender--Prison Releasee Reoffender Act--Sentences for separate offenses 2DCA 322b
Sentencing--Habitual offender--Probation revocation--Defendant not initially sentenced as habitual offender 2DCA 226a
Sentencing--Habitual offender--Probation revocation--Initial split sentence imposed as habitual offender--Failure to repeat habitual offender status at sentencing hearing on violation of probation 2DCA 43a
Sentencing--Increase in sentence following lunch break--Double jeopardy--Illegal sentence 2DCA 598d
Sentencing--Juvenile sanctions revocation--Consideration of details of new offense when sentencing defendant as adult for initial offense 3DCA 468a
Sentencing--Lewd or lascivious molestation--Conditions--Payment of costs of victims' counseling 2DCA 322a
Sentencing--Lewd or lascivious molestation--Conditions--Prohibition of contact with anyone under age 18 2DCA 322a
Sentencing--Lewd or lascivious molestation--Conditions--Prohibition of contact with victims 2DCA 322a
Sentencing--Lewd or lascivious molestation--Constitutionality of statute 1DCA 1393a
Sentencing--Life imprisonment--Fifteen-year-old defendant convicted of first degree murder based on his having been behind wheel of vehicle at time companions attempted to rob prospective drug buyers and one of companions shot one of the prospective buyers--Companions convicted of second-degree murder 2DCA 427a
Sentencing--Mandatory minimum--10/20/Life--Discharge of firearm--Discharge during course of commission of felony--Firing shot into ground some seven hours prior to commission of aggravated assault on law enforcement officer 4DCA 886a
Sentencing--Mandatory minimum--10/20/Life--Discharge of firearm--Discharge during course of commission of felony--Sufficiency of evidence 4DCA 886a
Sentencing--Mandatory minimum--Aggravated assault with firearm 5DCA 73b
Sentencing--Mandatory minimum--Capital felony--First degree murder 1DCA 827b
Sentencing--Mandatory minimum--Carrying concealed firearm 3DCA 1193a
Sentencing--Mandatory minimum--Consecutive sentences--Erroneous finding that court was required to impose consecutive mandatory minimum sentences--Appeals--Preservation of issue 1DCA 1279b
Sentencing--Mandatory minimum--Consecutive sentences--First-degree murder and underlying felony--Prosecution based on both premeditated and felony murder theories 1DCA 727c
Sentencing--Mandatory minimum--Discharge of firearm--Discharge during course of commission of felony--Firing shot into ground some seven hours prior to commission of aggravated assault on law enforcement officer 4DCA 886a
Sentencing--Mandatory minimum--Discharge of firearm--Discharge during course of commission of felony--Sufficiency of evidence 4DCA 886a
Sentencing--Mandatory minimum--Discharge of firearm during attempt to commit a felony 2DCA 705a
Sentencing--Mandatory minimum--DUI manslaughter--Law not in effect at time of offense 4DCA 1280c
Sentencing--Mandatory minimum--Habitual offender--Portion of sentence that is equal to concurrent prison releasee reoffender sentence 5DCA 1311a
Sentencing--Mandatory minimum--Jessica Lunsford Act--Offenses straddling date when Act became effective 5DCA 990a
Sentencing--Mandatory minimum--Lewd or lascivious molestation--Jessica Lunsford Act--Offenses straddling date when Act became effective 5DCA 990a
Sentencing--Mandatory minimum--Possession of firearm by delinquent 3DCA 1193a
Sentencing--Mentally disordered sex offenders--Sentencing prior to completion of treatment--Habeas corpus 2DCA 1261c
Sentencing--Misdemeanor--State prison sentence 4DCA 746b
Sentencing--Mitigation--Considerations--Silence during presentence investigation 4DCA 235c
Sentencing--Mitigation--Denial of motion--Appeals 3DCA 255b; 2DCA 632a; 2DCA 1097a
Sentencing--Mitigation--Evidentiary hearing 2DCA 1033a
Sentencing--Mitigation--Jurisdiction--Motion filed within 60-day period but filed too late for court to rule on motion within 60-day period 5DCA 72a
Sentencing--Mitigation--Timeliness of motion 5DCA 363b
Sentencing--Modification--Denial of motion--Appeals 5DCA 364c
Sentencing--Modification--Denial of motion--Appeals--Certiorari 2DCA 704b
Sentencing--Modification--Jurisdiction--Motion filed within 60-day time limit but not ruled upon within that period SCO 263a
Sentencing--Order--Correction--Offense to which defendant entered plea--Offense less than that charged in information--Absence of objection by state 4DCA 64a
Sentencing--Plea--Deferred sentencing--Imposition of sentence greater than plea agreement on ground that defendant committed new offense--Sufficiency of evidence--Appeals--Preservation of issue--Failure to move to withdraw plea 2DCA 1151c
Sentencing--Presentence investigation--Refusal of defendant to make statements during PSI--Consideration by sentencing court 4DCA 235c
Sentencing--Presentence investigation report--Hearsay--Testimonial out-of-court statements--Appeals--Preservation of issue SCO 85a
Sentencing--Prison Releasee Reoffender Act--Consecutive sentences--Convictions arising out of single criminal episode 5DCA 1355a
Sentencing--Prison Releasee Reoffender Act--Habitual offender--Concurrent sentences--Equal periods of incarceration 5DCA 278b
Sentencing--Prison Releasee Reoffender Act--Habitual offender--Concurrent sentences--Habitualized sentence longer than PRR sentence 5DCA 1311a
Sentencing--Prison Releasee Reoffender Act--Habitual offender--Sentences for separate offenses 2DCA 322b
Sentencing--Prison Releasee Reoffender Act--Qualifying offenses--Battery on law enforcement officer 5DCA 1258a
Sentencing--Prison Releasee Reoffender Act--Qualifying offenses--Burglary of occupied conveyance 5DCA 75a
Sentencing--Prison Releasee Reoffender Act--Qualifying offenses--Burglary with assault 1DCA 276c
Sentencing--Prison Releasee Reoffender Act--Qualifying offenses--Grand theft 5DCA 215a
Sentencing--Prison Releasee Reoffender Act--Release date--Evidence--Department of Corrections Crime and Time Report--Authentication--DOC release date letter SCO 117a
Sentencing--Probation--Drug offender probation--Eligibility--Prior non-drug felony convictions 4DCA 616b
Sentencing--Probation--Drug offender probation--Negotiated plea 1DCA 925c
Sentencing--Probation revocation--Credit for time served--Correction of sentence--Application of credit for time served leaving forfeited gain as sole basis for post-revocation incarceration--Remedy--Habeas corpus petition 2DCA 270b
Sentencing--Probation revocation--Credit for time served--Correction of sentence--Attachment of portions of record conclusively refuting claim or evidentiary hearing 1DCA 590a
Sentencing--Probation revocation--Credit for time served--Jail time--Time served in another county after probation violation warrant served 4DCA 11a
Sentencing--Probation revocation--Credit for time served--Time served on concurrent sentences--Consecutive sentences imposed upon revocation of probation 1DCA 800b
Sentencing--Probation revocation--Criminal Punishment Code--Scoresheet--Additional offenses--Offense for which trial court's jurisdiction has expired SCO 219a
Sentencing--Probation revocation--Cruel and/or unusual punishment--Life imprisonment for crimes committed when defendant was juvenile--Sentence imposed upon revocation of probation when defendant was 21 years old 1DCA 313b
Sentencing--Probation revocation--Guidelines--Departure--Reduction of sentence--Denial--Appeals--Jurisdiction 4DCA 9b
Sentencing--Probation revocation--Guidelines--Scoresheet--Errors in scoresheet completed at time of original sentencing 1DCA 827a
Sentencing--Probation revocation--Guidelines--Scoresheet--Prior record--Challenge to offenses that were included in scoresheet at original sentencing 4DCA 62a
Sentencing--Probation revocation--Habitual offender--Defendant not initially sentenced as habitual offender 2DCA 226a
Sentencing--Probation revocation--Habitual offender--Initial split sentence imposed as habitual offender--Failure to repeat habitual offender status at sentencing hearing on violation of probation 2DCA 43a
Sentencing--Probation revocation--Jurisdiction--Count for which defendant was not on probation--Correction of sentence 2DCA 531b
Sentencing--Probation revocation--Sentence of incarceration on count for which defendant was never sentenced to probation--Correction of sentence 2DCA 1315a
Sentencing--Probation revocation--Vindictiveness--Presumption--Sentence greater than that offered during prehearing plea negotiations in which judge participated 2DCA 426b
Sentencing--Probation revocation--Youthful offender--Boot camp--Violation of probation after successful completion of boot camp--Maximum sentence 4DCA 11b
Sentencing--Probation revocation--Youthful offender--Violation of probation after successful completion of boot camp--Imposition of sentence in excess of 364-day limitation on incarceration--Correction of sentence 4DCA 11b
Sentencing--Reduction--Denial of motion--Appeals 1DCA 1391a
Sentencing--Reduction--Denial of rule 3.800(c) motion--Appeals 5DCA 364c
Sentencing--Resentencing--Counsel--Failure to appoint 1DCA 1017c
Sentencing--Resentencing--Counsel--Waiver--Absence 1DCA 1017c
Sentencing--Resentencing--Habitual offender--Predicate convictions--Reliance on evidence introduced at prior sentencing hearing 1DCA 1383b
Sentencing--Resentencing--Inadvertent increase in aggregate sentence 3DCA 404a
Sentencing--Restitution--Ability to pay--Determination at time of enforcement of restitution order 2DCA 726a
Sentencing--Restitution--Amount--Evidence--Victim's trial testimony 2DCA 704a
Sentencing--Restitution--Amount--Inadequacy--Award of current medical expenses to victim who sustained wage loss and would be required to incur additional medical expenses 2DCA 726a
Sentencing--Restitution--Appeals--Jurisdiction--Failure to file notice of appeal 1DCA 591a
Sentencing--Restitution--Appeals--Preservation of issue 3DCA 848d
Sentencing--Restitution--Customer payments diverted from employer by defendant-service technician--Amount of loss--Sufficiency of evidence 2DCA 163b
Sentencing--Restitution--Damage not causally connected or significantly related to offense 3DCA 604a
Sentencing--Restitution--Jurisdiction--Appeal pending 1DCA 928a
Sentencing--Restitution--Return of check tendered as partial payment of restitution--Standing 2DCA 1097a
Sentencing--Restitution--Value of stolen property--Replacement value/fair market value 2DCA 270c
Sentencing--Surcharge--Oral pronouncement--Mandatory surcharge 4DCA 1285a
Sentencing--Suspension of driver's license--Authority 1DCA 714b
Sentencing--Trafficking in hydrocodone--Surcharge--Oral pronouncement--Mandatory surcharge 4DCA 1285a
Sentencing--Vindictiveness--Appeals--Preservation of issue 2DCA 426b
Sentencing--Vindictiveness--Consideration of lack of remorse 2DCA 306b
Sentencing--Vindictiveness--Correction of sentence 2DCA 426b
Sentencing--Vindictiveness--Presumption--Increase in sentence after unsuccessful plea discussions--Trial judge not participating in plea negotiations 3DCA 190b
Sentencing--Vindictiveness--Presumption--Life sentence as habitual violent felony offender after defendant rejected plea offer of 20 years as habitual offender--Trial judge not participating in plea negotiations 3DCA 190b
Sentencing--Vindictiveness--Presumption--Sentence greater than that offered during pretrial plea negotiations in which judge participated 2DCA 426b
Sentencing--Vindictiveness--Sentence harsher than sentence offered by state in pretrial offer--Trial judge's advocacy of pretrial offer 3DCA 1194b
Sentencing--Violent career criminal--Mandate--Violation of mandate requiring that defendant be resentenced without violent career criminal enhancement 3DCA 1123a
Sentencing--Violent career criminal--Mistaken belief that trial court lacked discretion--Invited error/waiver 4DCA 744a
Sentencing--Violent career criminal--Predicate convictions--Burglary of unoccupied dwelling 3DCA 1272b
Sentencing--Violent career criminal--Trial court discretion 4DCA 744a
Sentencing--Youthful offender--Boot camp--Violation of probation after successful completion of boot camp--Maximum sentence 4DCA 11b
Sentencing--Youthful offender--Failure to sentence defendant as youthful offender--Court's personal opinion of youthful offender program 1DCA 274a
Sentencing--Youthful offender--Offense committed after twenty-first birthday 2DCA 182a
Sentencing--Youthful offender--Violation of probation after successful completion of boot camp--Imposition of sentence in excess of 364-day limitation on incarceration--Correction of sentence 4DCA 11b
Severance--Charges--Lewd and lascivious battery--Failure to appear 1DCA 691a
Sexual battery--Attempt--Evidence--Hearsay--Statements of non-testifying witness which inferred that witness had observed defendant 3DCA 1242b
Sexual battery--Attempt--Evidence--Statements of defendant--Vague apologies to wife and victim during cell phone conversation with wife and in recorded cell phone messages 2DCA 375a
Sexual battery--Child--Evidence--Hearsay--Exceptions--Statements of child victim of sexual offense--Multiple witnesses--Appeals--Preservation of issue 1DCA 716a
Sexual battery--Child--Evidence--Reputation of defendant for sexual morality--Relevance 1DCA 718b; 1DCA 1165a
Sexual battery--Child--Evidence--Statements of victim--Multiple witnesses--Appeals--Preservation of issue 1DCA 716a
Sexual battery--Child--Lewd or lascivious molestation--Separate convictions arising out of single criminal episode 1DCA 1378a
Sexual battery--Child less than twelve years old--Proof of oral union rather than charged digital penetration--Amendment of information during trial--Prejudice 4DCA 1281a
Sexual battery--Child less than twelve years old--Variance in proof--Proof of oral union rather than charged digital penetration 4DCA 1281a
Sexual battery--Evidence--Defendant's treatment of victim before and after sexual assault 3DCA 763b
Sexual battery--Evidence--Expert--Law enforcement officer--Opinion that crime scene was consistent with sexually motivated crime SCO 169a
Sexual battery--Evidence--Expert--Medical examiner--Opinion that rape of murder victim occurred SCO 169a
Sexual battery--Minor--Evidence--Other crimes, wrongs, or acts--Testimony of other victims--Variations in extent of defendant's sexual contact with each victim 4DCA 12b
Sexual battery--Sufficiency of evidence SCO 169a
Sexual offenders--Designation--False imprisonment--Sexual component of offense 2DCA 495a
Sexual offenders--Failure to register--Challenge to designation as sexual offender 2DCA 495a
Sexual offenders--Failure to register--Jury instructions--Standard instruction--Amendment SCO 1a
Sexual offenders--Mentally disordered sex offenders--Sentencing--Sentencing prior to completion of treatment--Habeas corpus 2DCA 1261c
Sexual offenders--Registration--Removal of registration requirement--Defendant no more than four years older than victim, who was between ages of fourteen and seventeen--Eligibility--Multiple sex crime convictions 1DCA 87a
Sexual offenders--Registration--Removal of registration requirement--Eligibility--Defendant adjudicated guilty of section 800.04 violation 1DCA 98a
Sexual offenders--Registration--Removal of registration requirement--Premature petition--Failure to exhaust administrative remedies by petitioning FDLE for lifting of registration requirement 4DCA 1338a
Sexual offenders--Registration--Removal of registration requirement--Romeo and Juliet law--Eligibility--Multiple sex crime convictions 1DCA 87a
Sexual performance by child--Promotion--Sexual activity occurring in private bedroom with no one else viewing 2DCA 45c
Sexual predators--Designation--Appeals--Timeliness--Tolling of period--Motion for rehearing--Unauthorized motion 1DCA 379a
Sexual predators--Designation--Appeals--Waiver--Plea bargain 1DCA 378a
Sexual predators--Designation--Challenge--Correction of sentence 1DCA 378a
Sexual predators--Designation--Defendant who has served sentence and been released 3DCA 736a
Sexual predators--Designation--Jurisdiction--Appeal pending 1DCA 928a
Sexually violent predators--Civil commitment--Conditions of confinement while awaiting involuntary civil commitment proceedings--Habeas corpus--Sufficiency of petition 2DCA 533a
Sexually violent predators--Civil commitment--Evidence--Expert--Conflicting testimony 3DCA 413c
Sexually violent predators--Civil commitment--Evidence--Sufficiency--Appeals--Preservation of issue 3DCA 413c; 1DCA 417b
Sexually violent predators--Civil commitment--Failure to hold trial within thirty days of probable cause finding--Appeals--Preservation of issue--Filing of motion to dismiss followed by petition for writ of habeas corpus upon denial of motion 1DCA 1389a
Sexually violent predators--Civil commitment--Failure to hold trial within thirty days of probable cause finding--Continuance--Substantial prejudice--Respondent who had served criminal sentence 1DCA 1389a
Sexually violent predators--Civil commitment--Failure to hold trial within thirty days of probable cause finding--Waiver--Failure to seek immediate relief by habeas corpus 1DCA 1389a
Sexually violent predators--Civil commitment--Recommitment--Mental condition remaining such that it is not safe to release committed person--Sufficiency of evidence 1DCA 382b
Shackling of defendant--Post conviction relief--Procedural bar SCO 64a
Shooting at, within, or into building--Wanton or malicious shooting--Absence of evidence 2DCA 1316a
Shooting into vehicle--Immunity--Stand Your Ground law--Shooting after threat of imminent death or bodily harm had passed 2DCA 119a
Silence of defendant--Argument SCO 374a; 2DCA 177b
Silence of defendant--Argument--Failure to testify SCO 239a
Silence of defendant--Argument--Inadequacy of curative instruction--Appeals--Preservation of issue 4DCA 1285b
Silence of defendant--Argument--Opening the door--Questions to codefendant and detective narrowly tailored to establish that police "set up" codefendants against one another by falsely indicating that defendant had made statements implicating codefendant 2DCA 325a
Silence of defendant--Evidence--Harmless error--Proper analysis SCO 117a
Silence of defendant--Evidence--Opening the door--Questions to codefendant and detective narrowly tailored to establish that police "set up" codefendants against one another by falsely indicating that defendant had made statements implicating codefendant 2DCA 325a
Speedy trial--Commencement of period--Felony and misdemeanor charges--Charges arising out of road rage incident in which uniform traffic citations were issued 4DCA 14a
Speedy trial--Discharge--Failure to file notice of expiration of speedy trial period 3DCA 951a
Speedy trial--Discharge--Notice of expiration of speedy trial--Failure to file 4DCA 14a
Speedy trial--Felony and misdemeanor charges--Misdemeanor charges previously dismissed in county court when state nolle prossed charges in response to notice of expiration of speedy trial period 4DCA 14a
Speedy trial--Recapture period 4DCA 14a
Speedy trial--Waiver--Continuance--Motion filed after expiration of speedy trial period SCO 34a
Stalking--Aggravated--Harassment following entry of final injunction against domestic violence--Defendant's knowledge of permanent injunction--Failure to prove 2DCA 993a
State Attorneys--Disqualification--Monitoring of county jail telephone calls between defendant and counsel SCO 169a
Statements of defendant--Evidence--Corpus delicti--Failure to establish 2DCA 1316a
Statements of defendant--Evidence--Corpus delicti--Independent establishment 4DCA 399b; 4DCA 401a
Statements of defendant--Evidence--Corpus delicti--Independent establishment--Murder 4DCA 1068b
Statements of defendant--Evidence--Corpus delicti--Independent establishment--Murder--Criminal agency of another person causing death of victim 4DCA 1068b
Statements of defendant--Evidence--Custody--Accusatory confrontation indicating that police had defendant's pants with blood from murder scene SCO 295a
Statements of defendant--Evidence--Custody--Interview of 11-year-old in small room under camera surveillance without presence of defendant's mother for purpose of obtaining incriminating responses 4DCA 1055a
Statements of defendant--Evidence--Custody--Ramirez factors 4DCA 1055a
Statements of defendant--Evidence--Date of birth 3DCA 1003a
Statements of defendant--Evidence--Delay between Miranda warning and waiver of rights and subsequent interrogation SCO 169a
Statements of defendant--Evidence--Failure to readvise defendant of rights after delay between Miranda warning/waiver and subsequent interrogation SCO 169a
Statements of defendant--Evidence--Interrogation--Question after arrest as to whether defendant would like to make a post-Miranda statement 4DCA 246a
Statements of defendant--Evidence--Jail inmate--Failure to give Miranda warning 2DCA 371a
Statements of defendant--Evidence--Messages on wife's cell phone making vague apologies to wife and victim 2DCA 375a
Statements of defendant--Evidence--Miranda warning--Jail inmate--Necessity to give Miranda warning without exception 2DCA 371a
Statements of defendant--Evidence--Statement made shortly before shooting that defendant wanted to shoot someone's head off 3DCA 514a
Statements of defendant--Evidence--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Codefendant acting as agent of state 4DCA 241a
Statements of defendant--Evidence--Statement made subsequent to invocation of right to counsel--Statement made to codefendant in interrogation room--Detective repeatedly and convincingly assuring defendant that interrogation room was private and no recording was being made 4DCA 241a
Statements of defendant--Evidence--Statements made subsequent to invocation of right to counsel--Counsel invoked with respect to extradition proceedings 5DCA 1206a
Statements of defendant--Evidence--Statements made subsequent to invocation of right to counsel--Police-initiated interrogation--Florida constitutional provision--Interpretation in light of recent U.S. Supreme Court precedent 5DCA 1206a
Statements of defendant--Evidence--Uncharged offenses--Admission that defendant had obtained gun used in murder in uncharged residential burglary 3DCA 846a
Statements of defendant--Evidence--Vague apologies to wife and victim during cell phone conversation with wife 2DCA 375a
Statements of defendant--Evidence--Voluntariness--Delay between Miranda warnings and taped statement SCO 374a
Statements of defendant--Evidence--Voluntariness--Delayed administration of Miranda warnings--Downplaying of warnings, once given SCO 295a
Statements of defendant--Evidence--Voluntariness--Miranda warning--Adequacy SCO 323a
Statements of defendant--Evidence--Voluntariness--Officer's promise to help defendant at trial if he cooperated SCO 374a
Statements of defendant--Evidence--Waiver of rights--Voluntariness--Downplaying of importance of warnings by interrogating officer SCO 295a
Tampering with evidence--Abandonment--Tossing contraband from moving vehicle after officer had activated patrol vehicle lights in effort to effect traffic stop 5DCA 1204b
Tampering with evidence--Attempt--Intent to alter or destroy evidence--Throwing baggies of methamphetamine out window of vehicle being stopped by police officer 2DCA 38b
Tampering with evidence--Knowledge of impending investigation while destroying evidence by chewing of marijuana--Factual issue 4DCA 562b
Tampering with witness--Judgment of acquittal--Denial--Evidence from which jury could rationally have found elements of crime beyond reasonable doubt 4DCA 67a
Tampering with witness--Jury instructions--Combining elements of two subsections when charge is for violation of only one subsection 4DCA 67a
Tape recordings--Evidence--Defendant's jailhouse phone calls--Adoptive admissions SCO 13a
Tape recordings--Evidence--Victim's interception of phone communication--Verbal authorization of law enforcement officer to tape any phone conversation with suspect 4DCA 617a
Trafficking in cocaine--Constructive possession 1DCA 1103a
Trafficking in cocaine--Constructive possession--Cocaine in bedroom located across the hall from bathroom in which police discovered defendant 2DCA 177b
Trafficking in cocaine--Evidence--Cash on defendant's person at time of arrest 1DCA 714b
Trafficking in cocaine--Knowledge of illicit nature of substance--Elimination of knowledge as element of offense--Constitutionality of statute 1DCA 1213b
Trafficking in cocaine--Venue--Trafficking by possession--Trial of seller in county in which only buyers possessed drugs 2DCA 1212a
Trafficking in hydrocodone--Constructive possession--Knowledge of presence of contraband--Hydrocodone hidden in change purse 1DCA 931d
Trafficking in hydrocodone--Jury instructions--Use of conjunction "and/or" between codefendants' names--Harmless error 1DCA 931d
Trafficking in methamphetamine--Evidence--Uncharged collateral crimes--Possession of methamphetamine at time of arrest--Evidence inextricably intertwined with crimes charged 5DCA 79a
Trafficking in oxycodone--Dismissal--Traverse by state--Specific denial in traverse that defendant's spouse had valid prescription and that defendant was custodian for her ill spouse of oxycodone in her change purse 4DCA 885a
Uttering forged or false instrument--Cashing of forged American Express traveler's checks--Knowledge that checks were forged--Presumption 2DCA 308b
Uttering forged or false instrument--Knowledge that instrument was forged--Presumption 2DCA 308b
Vehicular homicide--Jury instructions--Lesser included offenses--Reckless driving--Accident resulting in death 4DCA 197b; 4DCA 653a
Vehicular homicide--Reclassification of offense based on failure to stop and render aid--Knowledge of accident--Sufficiency of evidence 4DCA 197b; 4DCA 653a
Vending machine theft--Felony--Elements--Intent to commit larceny--Failure to allege in information--Appeals--Preservation of issue 2DCA 948a
Vending machine theft--Felony--Jury instructions--Mistaken instruction on tampering or damaging rather than theft--Appeals--Preservation of issue 2DCA 948a
Venue--Post conviction relief--Challenge to conviction and sentence 2DCA 975b
Venue--Post conviction relief--County of conviction and sentencing transferring post conviction motion to county where defendant was charged 2DCA 975b
Venue--Trafficking in cocaine--Trafficking by possession--Trial of seller in county in which only buyers possessed drugs 2DCA 1212a
Verdicts--Contrary to manifest weight of evidence--New trial--Denial of motion--Application of "sufficiency of evidence" standard when ruling on motion 2DCA 475a
Verdicts--Contrary to manifest weight of evidence--New trial--Proper standard for evaluating motion 2DCA 475a; 5DCA 523a
Verdicts--Inconsistencies--Possession of cannabis--Verdict in trafficking count finding defendant not guilty of possession--Verdict in simple possession count finding defendant guilty of possessing more than 20 grams of cannabis 3DCA 1304b
Voir dire--Limitation 3DCA 1247a
Voir dire--Reference by trial judge to television crime shows and question whether jurors understood that, in real life, DNA evidence was not processed in a day 4DCA 70a
Withhold of adjudication--Third degree felony drug charge--Prior convictions not involving withholding of adjudication 4DCA 611a
Witnesses--Alibi--Exclusion--Failure of notice of alibi to comply with rule 3DCA 1127a
Witnesses--Child victim of sexual offense--Competency to testify--Taint resulting from improper and unnecessarily suggestive questioning following incident--Preemptive determination of credibility of victim's testimony 5DCA 213a
Witnesses--Exclusion--Discovery violation 5DCA 214d
Witnesses--Exclusion--Failure to list witness until 13 days before trial--Hearing 1DCA 678a
Witnesses--Failure to disclose--Exclusion of witness--Defense witness 1DCA 146c
Witnesses--Failure to disclose--Exclusion of witness--Inquiry--Failure to conduct 1DCA 146c
Witnesses--Impeachment--Collateral matters--Deputy's off-duty status on day of crime--Witness linking memory of defendant's presence to encounter with deputy on date in question 4DCA 126a
Witnesses--Impeachment--Prior inconsistent statements--Proper foundation--Absence of testimony at trial inconsistent with prior deposition testimony 4DCA 1280b
Witnesses--Impeachment--Prior inconsistent statements--Witness's ability to recount four incidents involving defendant at pre-trial deposition, but inability to recall fourth incident at trial 4DCA 1280b
Witnesses--Prior consistent statements--Evidence--Rebuttal of implication of improper motive or recent fabrication SCO 133a
Witnesses--Prosecution--Calling of defendant's ex-wife for sole purpose of impeaching her with prior inconsistent statements which incriminated defendant 4DCA 389b
Witnesses--Retaliating against witness--Threat occurring prior to witness's testimony in official proceeding 3DCA 902a
Witnesses--Uniform Law to Secure the Attendance of Witnesses from Within or Without the State in Criminal Proceedings--Applicability--Subpoenas duces tecum seeking production of documents from registered agent of nonparty, out-of-state corporation engaged in business in Florida--Request for computer source codes for breathalyzer used to test DUI defendant's breath 2DCA 1357b
Youthful offenders--Sentencing--Boot camp--Violation of probation after successful completion of boot camp--Maximum sentence 4DCA 11b
Youthful offenders--Sentencing--Failure to sentence defendant as youthful offender--Court's personal opinion of youthful offender program 1DCA 274a
Youthful offenders--Sentencing--Offense committed after twenty-first birthday 2DCA 182a
Youthful offenders--Sentencing--Violation of probation after successful completion of boot camp--Imposition of sentence in excess of 364-day limitation on incarceration--Correction of sentence 4DCA 11b
JUVENILES
Absence of juvenile--Restitution hearing 1DCA 100a
Appeals--Appeal by state--Order vacating plea and setting aside judgment and sentence--Statutory authority to appeal order 4DCA 1338b
Appeals--Certiorari--Plea--Vacation--Adherence to essential requirements of law 4DCA 1338b
Appeals--Costs--Crimes Compensation Trust Fund--Failure to assess--Preservation of issue 4DCA 877c
Appeals--Non-final orders--Order deferring payment of court costs 5DCA 75c
Appeals--Order deferring payment of court costs 5DCA 75c
Appeals--Restitution--Preservation of issue 3DCA 848d
Attempted tampering with evidence--Intent to alter or destroy evidence--Throwing baggies of methamphetamine out window of vehicle being stopped by police officer 2DCA 38b
Battery--Reclassification of offense based on victim's status as school employee--Transferred intent 5DCA 483b
Battery--School employee--Transferred intent 5DCA 483b
Battery--Self-defense--Rebuttal of defense by state--Sufficiency of evidence 4DCA 883a
Battery on school employee--Sufficiency of evidence 3DCA 898a
Carrying concealed firearm--Adjudication based on belief that crime was lesser included offense of original charge of possession of firearm on school property--Uncharged offense 4DCA 505a
Competency of juvenile--Mental evaluation--Costs--Assessment against juvenile 5DCA 851b; 5DCA 1140b
Contempt--Direct criminal--Failure to appear at docket call--Willfulness 4DCA 505b
Contempt--Indirect criminal--Compliance with procedural rule 4DCA 586b
Contempt--Refusal to comply with court orders not to run away from home--Civil/criminal contempt--Sanction of house arrest 4DCA 586b
Costs--Court costs--Adjudication withheld 4DCA 877c
Costs--Court costs--Appeals--Non-final orders--Payment deferral 5DCA 75c
Costs--Crimes Compensation Trust Fund--Absence of statutory reference 2DCA 1230b
Costs--Crimes Compensation Trust Fund--Failure to assess--Appeals--Preservation of issue 4DCA 877c
Costs--Mandatory--Absence of statutory reference 2DCA 1230b
Costs--Mental evaluation of juvenile--Assessment of costs against juvenile 5DCA 1140b
Costs--Prosecution costs 5DCA 522c
Counsel--Waiver--Knowing and voluntary waiver 1DCA 417a
Dealing in stolen property--Grand theft--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Delinquency petition--Amendment--Amendment to correct defect or variance--Amendment to charge juvenile with loitering and prowling by attempting to open doors of residences rather than attempting to open doors of vehicles 4DCA 69a
Detention--Secure detention--Administrative access to get juvenile needed help 3DCA 740a
Detention--Secure detention--Detention contrary to statutory criteria--Habeas corpus 3DCA 899c
Detention--Secure detention--Hearings--Need for continued detention 4DCA 787b
Detention--Secure detention--Hearings--Need for continued detention--Need for further continuance of proceedings--Separate inquiries 4DCA 787b
Detention--Secure detention--Juvenile awaiting placement in moderate-risk residential program--Detention in excess of fifteen days--Habeas corpus 4DCA 293a
Dismissal--Amendment of delinquency petition to correct defect or variance--Amendment to charge juvenile with loitering and prowling by attempting to open doors of residences rather than attempting to open doors of vehicles 4DCA 69a
Dismissal--Judgment of--Grand theft of motor vehicle--Absence of evidence that car was stolen as opposed to being towed away by code enforcement 2DCA 1150a
Disposition order--Correction--Conformance to oral pronouncement 2DCA 811b
Disposition order--Correction--Entry of amended orders of commitment more than 30 days after motion to correct disposition error filed 2DCA 367a
Disposition order--Correction--Scrivener's error 1DCA 275a
Disposition order--Single order for multiple cases 2DCA 811b
Double jeopardy--Dealing in stolen property--Grand theft--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Double jeopardy--Grand theft--Dealing in stolen property--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Evidence--Grand theft--Value of stolen property--Property stolen from school--Principal's testimony regarding price of objects, condition at time of crime, and cost to replace 3DCA 1239a
Evidence--Photographic--Photographs produced from surveillance video--Duplicates 3DCA 49c
Evidence--Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Contents of BOLO dispatch 4DCA 879b
Evidence--Statements of juvenile--Custody--Interview of 11-year-old in small room under camera surveillance without presence of juvenile's mother for purpose of obtaining incriminating responses 4DCA 1055a
Evidence--Statements of juvenile--Custody--Ramirez factors 4DCA 1055a
Evidence--Statements of juvenile--Date of birth 3DCA 1003a
Evidence--Statements of juvenile--Voluntariness--Absence of parent 3DCA 1237b
Evidence--Statements of juvenile--Voluntariness--Factors 3DCA 1237b
Evidence--Statements of juvenile--Voluntariness--Mental retardation 3DCA 1237b
False name to law enforcement officer--Lawful detention 3DCA 25a
Firearms--Possession of firearm by minor--Evidence--Statements of juvenile--Date of birth 3DCA 1003a
Firearms--Possession on school property--Lesser included offense--Carrying concealed weapon 4DCA 505a
Furnishing weapon to minor under age eighteen--Switchblade knife 5DCA 523c
Grand theft--Adjudication of guilt as category two lesser included offense of trafficking in stolen property--Charging document not charging all elements of grand theft 3DCA 649a
Grand theft--Dealing in stolen property--Separate convictions arising from same course of conduct involving same item 1DCA 1155d
Grand theft--Value of stolen property--Market value 3DCA 673a
Grand theft--Value of stolen property--Minimum value self-evident 3DCA 673a
Grand theft--Value of stolen property--Property stolen from school--Evidence--Principal's testimony regarding price of objects, condition at time of crime, and cost to replace 3DCA 1239a
Grand theft--Value of stolen property--Replacement cost 3DCA 673a
Grand theft of motor vehicle--Judgment of dismissal--Absence of evidence that car was stolen as opposed to being towed away by code enforcement 2DCA 1150a
Habeas corpus--Secure detention--Detention contrary to statutory criteria 3DCA 899c
Habeas corpus--Secure detention--Hearings--Need for continued detention 4DCA 787b
Habeas corpus--Secure detention--Hearings--Need for continued detention--Need for further continuance of proceedings--Separate inquiries 4DCA 787b
Habeas corpus--Secure detention--Juvenile awaiting placement in moderate-risk residential program--Detention in excess of fifteen days 4DCA 293a
Lesser included offenses--Category two lesser included offense--Charging document not charging all elements of lesser included offense 3DCA 649a
Lesser included offenses--Possession of firearm on school property--Carrying concealed weapon 4DCA 505a
Loitering and prowling--Dismissal of delinquency petition--Amendment of petition prior to adjudicatory hearing to correct defects or variances 4DCA 69a
Loitering and prowling--Dismissal of delinquency petition--Amendment to charge juvenile with loitering and prowling by attempting to open doors of residences rather than attempting to open doors of vehicles 4DCA 69a
Petit theft--Evidence--Photographs produced from surveillance video--Duplicates 3DCA 49c
Plea--Vacation--Appeals--Appeal by state--Statutory authority to appeal order 4DCA 1338b
Plea--Vacation--Appeals--Certiorari--Adherence to essential requirements of law 4DCA 1338b
Plea--Vacation--Inadequacy of plea colloquy--Timeliness of motion--Filing of motion within one year of discovering consequences of plea 4DCA 1338b
Plea--Vacation--Misadvice of counsel concerning consequences of plea--Timeliness of motion--Filing of motion within one year of discovering consequences of plea 4DCA 1338b
Plea--Vacation--Timeliness of motion--Filing of motion within one year of discovering consequences of plea 4DCA 1338b
Plea--Vacation--Void judgment--Failure to advise of consequences of plea--Prejudice 4DCA 1338b
Plea--Withdrawal--Timeliness of motion 1DCA 1379a
Possession of firearm by minor--Evidence--Statements of juvenile--Date of birth 3DCA 1003a
Possession of firearm on school property--Lesser included offense--Carrying concealed weapon 4DCA 505a
Possession of marijuana--Constructive possession--Marijuana found in proximity to juvenile at time he was discovered in utility room--Juvenile's statement that he was in utility room with his companions "to smoke" 4DCA 610b
Probation--Conditions--Payment of costs of mental competency evaluations--Indigent juvenile 5DCA 851b
Probation--Conditions--Payment of public defender's fee 5DCA 851b
Probation--Revocation--Conditions not checked off on form order of probation 3DCA 359a
Probation--Revocation--Failure to abide by curfew 3DCA 359a
Probation--Revocation--Failure to appear for scheduled intake at Dade Marine Institute 3DCA 359a
Probation--Revocation--Valid and invalid violations 3DCA 359a
Public defenders--Fees--Assessment against juvenile and parents 5DCA 851b
Public defenders--Fees--Notice and opportunity to be heard 2DCA 877a; 2DCA 1211b
Public defenders--Fees--Notice of right to contest amount 5DCA 1256a
Public defenders--Lien--Imposition against juvenile's indigent parents 5DCA 1256a
Refusal to comply with court orders not to run away from home--Contempt--Civil/criminal contempt--Sanction of house arrest 4DCA 586b
Resisting, obstructing, or opposing officer without violence--Flight--Knowledge of officer's intent to detain juvenile 4DCA 841a; 3DCA 1093c
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Evidence--Contents of BOLO dispatch 4DCA 879b
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Investigatory stop--Flight in high-crime area--Failure to prove 3DCA 1093c
Resisting, obstructing, or opposing officer without violence--Lawful execution of legal duty--Investigatory stop--Juvenile who was walking down street in "high prostitution area" at 9:30 in evening--Absence of founded suspicion 3DCA 900a
Restitution--Appeals--Preservation of issue 3DCA 848d
Restitution--Counsel--Waiver--Knowing and voluntary waiver 1DCA 417a
Restitution--Damage not causally connected or significantly related to offense 3DCA 604a
Restitution--Hearing--Absence of juvenile 1DCA 100a
Restitution--Payment schedule--Commencement--Unemployed juvenile SCO 5a
Retaliating against witness--Threat occurring prior to witness's testimony in official proceeding 3DCA 902a
Rules of procedure--Amendment--Family Law Cover Sheet--New rule requiring use of cover sheet in juvenile cases SCO 370a
Search and seizure--Consensual encounter--Police converging on parking lot where juvenile was standing, combined with detective's directive to "come back" as juvenile walked away 4DCA 451a
Search and seizure--Consent--Juvenile's parent 4DCA 235a
Search and seizure--Investigatory stop--Founded suspicion--Juvenile walking down street in "high prostitution area" at 9:30 in evening 3DCA 900a
Search and seizure--Investigatory stop--Juvenile matching description given by citizen informant who reported burglary and pointed out direction taken by juvenile 3DCA 25a
Search and seizure--Pat down--Reasonable belief that juvenile was armed or dangerous--Juvenile moving hands near waistband during daytime investigatory stop in which officer's concern regarding criminal activity had already been dispelled 4DCA 1290b
Search and seizure--Pat down--Reasonable suspicion--Placing hands in pocket during stop for noncriminal infraction in high crime area 5DCA 629e
Search and seizure--Purse--Consent--Juvenile's parent 4DCA 235a
Search and seizure--Stop--Consensual encounter--Police converging on parking lot where juvenile was standing, combined with detective's directive to "come back" as juvenile walked away 4DCA 451a
Search and seizure--Stop--Flight--Juvenile observed jumping over fence and running from backyard that was not his in high crime area 3DCA 770a
Search and seizure--Stop--Investigatory--Founded suspicion--Juvenile walking down street in "high prostitution area" at 9:30 in evening 3DCA 900a
Search and seizure--Stop--Investigatory--Juvenile matching description given by citizen informant who reported burglary and pointed out direction taken by juvenile 3DCA 25a
Search and seizure--Stop--Reasonable suspicion--Presence in parking lot late at night in high narcotics area 4DCA 451a
Search and seizure--Suppression hearing--Conflicting versions of circumstances by juvenile and police--Factual resolution by trial court 3DCA 1196c
Search and seizure--Vehicle--Incident to arrest--Officer safety--Defendant separated from car and handcuffed prior to search--Defendant arrested for fleeing and eluding 2DCA 533b
Search and seizure--Vehicle--Incident to arrest--Reasonable belief that vehicle contained evidence relevant to crime--Fleeing and eluding 2DCA 533b
Secure detention--Administrative access to get juvenile needed help 3DCA 740a
Secure detention--Detention contrary to statutory criteria--Habeas corpus 3DCA 899c
Secure detention--Hearings--Need for continued detention 4DCA 787b
Secure detention--Hearings--Need for continued detention--Need for further continuance of proceedings--Separate inquiries 4DCA 787b
Secure detention--Juvenile awaiting placement in moderate-risk residential program--Detention in excess of fifteen days--Habeas corpus 4DCA 293a
Self-defense--Rebuttal of defense by state--Sufficiency of evidence 4DCA 883a
Sentencing--Commitment level--Department of Juvenile Justice recommendation--Rejection--Consecutive/concurrent terms of high-risk commitment 5DCA 484b
Sentencing--Commitment level--Department of Juvenile Justice recommendation--Rejection--Explanation--Standard 1DCA 168a; 4DCA 248b; 2DCA 374b
Sentencing--Considerations--Juvenile's assertion of innocence and demand for trial 3DCA 203a
Sentencing--Disposition order--Correction--Conformance to oral pronouncement 2DCA 811b
Sentencing--Disposition order--Correction--Entry of amended orders of commitment more than 30 days after motion to correct disposition error filed 2DCA 367a
Sentencing--Disposition order--Correction--Scrivener's error 1DCA 275a
Sentencing--Disposition order--Single order for multiple cases 2DCA 811b
Sentencing--Restitution--Appeals--Preservation of issue 3DCA 848d
Sentencing--Restitution--Counsel--Waiver--Knowing and voluntary waiver 1DCA 417a
Sentencing--Restitution--Damage not causally connected or significantly related to offense 3DCA 604a
Sentencing--Restitution--Hearing--Absence of juvenile 1DCA 100a
Sentencing--Restitution--Payment schedule--Commencement--Unemployed juvenile SCO 5a
Sentencing--Serious or habitual offender--Designation--Juvenile not committed to residential program 5DCA 851a
Serious or habitual offender--Designation--Juvenile not committed to residential program 5DCA 851a
Speedy trial--Waiver--Continuance--Motion filed after expiration of speedy trial period SCO 34a
Statements of juvenile--Evidence--Custody--Interview of 11-year-old in small room under camera surveillance without presence of juvenile's mother for purpose of obtaining incriminating responses 4DCA 1055a
Statements of juvenile--Evidence--Custody--Ramirez factors 4DCA 1055a
Statements of juvenile--Evidence--Date of birth 3DCA 1003a
Statements of juvenile--Evidence--Voluntariness--Absence of parent 3DCA 1237b
Statements of juvenile--Evidence--Voluntariness--Factors 3DCA 1237b
Statements of juvenile--Evidence--Voluntariness--Mental retardation 3DCA 1237b
Tampering with evidence--Attempt--Intent to alter or destroy evidence--Throwing baggies of methamphetamine out window of vehicle being stopped by police officer 2DCA 38b
Witnesses--Retaliating against witness--Threat occurring prior to witness's testimony in official proceeding 3DCA 902a