Blog

DUI Manslaughter -- Vehicular homicide -- Evidence -- Statements of defendant -- Physician-patient privilege -- It was error to deny the defendant's motion to suppress incriminating statements she made during interrogation where she unequivocally invoked her right to remain silent at three separa...

The trial court erred in denying defendant's motion for immunity from prosecution for attempted second-degree murder, aggravated battery, and shooting at a vehicle because defendant initially provoked confrontation. “Initial provocation” exception to immunity created by section 776.041(2) does no...

Confession. Voluntariness. Trial court erred in denying defendant's motion to suppress his post-Miranda interrogation statements. Detective's failure to re-read Miranda rights to defendant after defendant reinitiated conversation with detective rendered defendant's confession involuntary, despite...

Injunction -- Repeat violence -- Petitioner who, individually and on behalf of his minor child, sought injunction against former wife's boyfriend. Injunction reversed where evidence did not support finding that respondent committed acts of repeat violence as defined in section 784.046. Respondent...

Trial court erred in denying defendant's motion to suppress his confession. Defendant's confession was involuntary where interrogating officers made constant vague offers to help defendant yet failed to explain or clarify the limits of their authority. Viewing totality of officers' statements tha...

Criminal law -- Murder -- Self-defense -- Evidence -- Silence of defendant -- Pre-Miranda -- Ineffective assistance of counsel -- Prosecutor's statements about defendant's pre-arrest, pre-Miranda silence in opening and closing arguments and state's presentation of testimony about that silence dur...

Criminal law -- Open container -- Possession of cocaine and paraphernalia -- Search and seizure. Non-criminal violation of municipal ordinance . Full custodial arrest for violating municipal ordinance prohibiting consumption of alcoholic beverages or possession of open container on public right-o...

Driving under influence -- Evidence -- Expert -- Field sobriety exercises -- Trial court erred in allowing state to present officer's testimony about defendant's performance of field sobriety exercises as expert scientific testimony, permitting state to question officer at length about his creden...

Darien Hauter appeals two orders entered on the same day in two cases. The first order denied Hauter's motion to disqualify the trial judge as "legally insufficient." The second order, filed fifteen minutes later, denied Hauter's motion to mitigate his sentences. Hauter stated in his affidavit in...

Injunction entered against father for allegedly striking child. The trial court erred in considering child victim's statements to his therapist and mother without determining whether statements were admissible under the child hearsay exception provided in section 90.803(23). The therapist's waive...

Appellant, Andrew James Sims, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (28 grams or more, but less than 200 grams); possession of cocaine; sale, manufacture, delivery, or possession of cannabis (more than 20 grams); and possession of drug paraphernal...

Immunity -- Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend's EBT card. The defendant's requests for immunity and dismissal pursuant to section 776.032 are granted. State fail...

Read Entire Story Below: https://www.nbcnews.com/think/opinion/bad-defense-lawyer-cost-me-six-years-freedom-i-m-ncna1094306

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 ...