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Criminal law -- Search and seizure -- Cell phones -- Site location information -- Site simulator. The trial court did not err in granting defendant's motion to suppress evidence found with defendant who was located in victim's parked car through the use of Cell Site Locator Information (CSLI) and...

Criminal law -- Juveniles -- Confession -- Corpus delicti -- To establish corpus delicti (the crime) for purpose of admission of a confession, state need only show that a crime has been committed, not that the defendant committed that particular crime, except in circumstances where proof of ident...

Law-enforcement reading of implied consent warning before defendant consented to blood draw rendered her consent involuntary, and there were no exigent circumstances which allowed a warrantless blood draw. Therefore the Defendant's Motion to Suppress the blood test results granted.  Read Opinion...

The trial court properly found that Florida was child's home state and that jurisdiction was proper in Florida court. Even if New York, where mother had filed paternity petition, was child's home state, Florida court nevertheless had jurisdiction because New York court had declined to exercise ju...

Driving under influence -- Evidence -- Loss or destruction by state. Defendant's ability to confront allegations against her was compromised by failure of arresting officer and back-up officer to follow videotaping policy. DUI charge is dismissed with prejudice.  Read Opinion Below:

Trial court erred in using the parties' date of separation as the cut-off for determining marital assets where there was no valid separation agreement between the parties. Where no valid separation agreement exists, cut-off date for determining marital assets is the date on which the petition for...

Immunity, Stand Your Ground law -- Exceptions. Prosecution arising out of defendant's firing of a warning shot from the front porch of his home, which precipitated a gun fight, after three individuals, who were in fact three plainclothes law enforcement officers attempting to effectuate a warrant...

Wife's motion for relief from default judgment was insufficient where motion made only conclusory assertion that she had meritorious positions regarding time-sharing and equitable distribution. Under Florida law, where divorcing couple has minor child, court cannot enter default final judgment wi...

Delivery of cannabis within 1000 feet of school -- Jury instructions -- Where the state charged defendant with delivery or attempted delivery of cannabis, trial court erred by instructing jury that it could convict defendant if it found that he “sold, delivered, or possessed with intent to sell o...

Criminal law -- Maritime law -- Jurisdiction -- Information -- Effects doctrine. Crime committed by Honduran citizen on cruise ship in international waters. The circuit court did not err in denying motion for judgment of acquittal which asserted, for the first time, that the state failed to invok...

Criminal law -- Immunity -- Stand Your Ground Law. Unsworn allegations of defendant and his counsel do not satisfy defendant's burden to establish a prima facie claim of self-defense immunity. Further, defendant failed to comply with rule 3.190 requirement that facts underlying motion to dismiss ...

Criminal law -- Driving under influence -- Search and seizure -- Vehicle stop -- Traffic infraction. Officer who observed vehicle weave within her lane and cross over edge line one time without impeding or endangering either traffic or pedestrians did not have probable cause to believe defendant ...

Boating under the influence -- Evidence -- Expert -- Blood alcohol content -- Retrograde extrapolation. Defense claim that the testimony of state's expert, who used retrograde extrapolation to estimate that defendant's blood alcohol content (BAC) exceeded the legal limit at time of the accident, ...

Theft -- Service dog -- Evidence -- Hearsay -- 911 call made by victim of theft is not inadmissible testimonial statement under Confrontation Clause where primary purpose of call was to summon assistance from police due to recent theft of service dog. Exceptions to the Hearsay rule. Excited utter...

Fingerprints Can Be Used to Unlock Phones Without Violating 5th Amendment, According to Recent Court Ruling the United States District Court for the District of Idaho recently held that forcing a person to use their fingerprint to unlock their phone does not violate their constitutional right aga...

Where the defendant gave consent for blood draw, defendant's subsequent attempt to thwart testing of blood samples by withdrawing her consent after the samples were taken was ineffective. Motion to suppress is denied

Appeal of Risk Protection Order (RPO) entered against appellant pursuant to section 790.401 based on appellant's homicidal ideation and overt desire to shoot a fellow law enforcement officer. Although it is possible that appellant's hostile words amounted to no more than hyperbole and hollow thre...

The Trial court erred in dismissing charges against defendant based on finding that defendant's discharging of a firearm was a justifiable use of deadly force. The Defendant was not entitled to statutory immunity under section 776.032 where defendant was engaged in criminal activity at the time d...

Criminal law -- Search and seizure -- Video surveillance -- Warrant requirements -- Minimization -- Defendant recorded on video surveillance authorized by search warrant while engaging in illegal sexual activity in massage room of commercial spa. Discussion of Fourth Amendment issues related to s...

Criminal law -- Evidence -- Collateral crimes -- Uncharged additional sexual battery and multiple uncharged batteries and aggravated assaults committed by defendant which victim referenced during her testimony were inextricably intertwined with charged crimes, and no fundamental error resulted fr...

Portions of defendant's statement to law enforcement that are considered “substance of a confession” are exempt from public disclosure under Public Records Act until criminal case is finally determined. Defendant's request to prevent disclosure of his entire statement is denied where defendant ha...

Criminal law -- Possession of firearm by a convicted felon -- Post conviction relief -- Counsel -- Ineffectiveness -- Failure to call co-defendant as witness. Error to summarily deny claim that counsel was ineffective for misadvising defendant concerning the maximum penalty he faced resulting in ...

Trial court abused discretion by striking husband's pleadings and entering default against him as sanction for failure to attend show cause hearing where order to show cause was mistakenly sent to husband's former counsel rather than to husband. Remand for court to hold new hearing at which husba...

Criminal law -- Juveniles -- Search and seizure -- Hotel room -- Standing -- Drug evidence discovered in hotel room rented by another minor under a false name after juvenile was arrested in doorway of the hotel room on outstanding probable cause affidavit for domestic battery. Court rejects argum...