De Novo Review Of Law Application

30 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Hines v. State
  737 So. 2d 1182· Fla. 1st DCA· 1999-07-15 ·cited 80×
  Randy Hines appeals his conviction for possession of cannabis with intent to sell near a school, challenging the denial of his motion to suppress evidence obtained through an illegal search. The Florida Court of Appeal reversed, holding that Deputy Simmons unconstitutionally reac
• Enoch D. Hall v. State
  107 So. 3d 262· Fla.· 2012-08-30 ·cited 26×
  Enoch Hall was convicted of first-degree murder and sentenced to death for stabbing, strangling, and beating Officer Donna Fitzgerald in a Florida prison facility. Hall appeals challenging his conviction, the admissibility of his confessions, expert testimony, prior crime evidenc
• Blake v. State
  939 So. 2d 192· Fla. 5th DCA· 2006-10-06 ·cited 21×
  Timothy Blake appeals from a conviction for introducing contraband into a detention facility, challenging the denial of his motion to suppress evidence obtained from a search of his person and vehicle. The Florida Fifth District Court of Appeal affirms, holding that the officer's
• State v. Kip Allen Shaw
  784 So. 2d 529· Fla. 1st DCA· 2001-04-26 ·cited 19×
  The State appealed the suppression of firearms found in a vehicle trunk. The court reversed the suppression order because the trial court may have based its ruling on a misunderstanding of law regarding the deputy's subjective intent, holding that subjective intent is irrelevant
• State v. Hunt
  14 So. 3d 1035· Fla. 2d DCA· 2009-05-22 ·cited 13×
  Florida appeals a trial court's order suppressing statements made by Arthur Lee Hunt after he reinitiated dialogue with detectives following an invocation of his Miranda rights. The appellate court reverses, holding that when a suspect initiates further communications after invok
• F.J.R. v. State
  922 So. 2d 308· Fla. 5th DCA· 2006-02-17 ·cited 12×
  F.J.R., a juvenile passenger in a lawfully stopped vehicle, appeals his conviction for cocaine possession and resisting an officer without violence. The court reversed, holding that the deputy lacked reasonable suspicion or objective safety concerns to order an innocent passenger
• Womack v. State
  42 So. 3d 878· Fla. 4th DCA· 2010-08-18 ·cited 11×
  James Womack appealed his conviction on four counts of robbery and one count of attempted robbery, challenging the trial court's denial of his mistrial motion and the admission of a partial custodial statement. The Florida Fourth District Court of Appeal affirmed the conviction,
• Kerick van Teamer v. State
  108 So. 3d 664· Fla. 1st DCA· 2013-02-12 ·cited 10×
  The First District Court of Appeal reversed a trial court's denial of a suppression motion in a drug trafficking case, holding that a vehicle color discrepancy between the actual vehicle and its registration alone cannot constitute reasonable suspicion to justify an investigatory
• J.J.V. v. State
  17 So. 3d 881· Fla. 4th DCA· 2009-09-16 ·cited 10×
  A juvenile was charged with possession of controlled substances and drug paraphernalia found in a locked center console of his car. The appellate court reversed the denial of the motion to suppress, holding that the deputy exceeded the scope of the juvenile's consent to search th
• State v. Milewski
  194 So. 3d 376· Fla. 3d DCA· 2016-01-20 ·cited 9×
  The State appealed a trial court's order suppressing evidence in an animal cruelty case. The appellate court reversed, holding that the defendant abandoned his expectation of privacy in his deceased puppy's remains when he chose group cremation, thereby allowing the warrantless s
• State v. Allen
  994 So. 2d 1192· Fla. 5th DCA· 2008-11-14 ·cited 8×
  The State appealed the trial court's suppression of evidence seized during an investigatory stop of Derrick Allen in a parking lot. The appellate court reversed, holding that officers had reasonable suspicion based on a reliable informant's tip and the totality of circumstances t
• Gaynor Earl Tedder, Jr. v. State
  18 So. 3d 1052· Fla. 2d DCA· 2008-03-07 ·cited 8×
  Gaynor Tedder appeals his convictions for armed home invasion robbery and armed kidnapping, challenging the trial court's denial of his motion to suppress evidence obtained from a vehicle search. The Second District Court of Appeal affirms the admission of pre-search statements b
• Hughes v. State
  132 So. 3d 933· Fla. 1st DCA· 2014-02-21 ·cited 7×
  Gary Hughes appealed his drug possession convictions, challenging the denial of his motion to suppress evidence seized during his arrest. The court held that the officer lacked probable cause to arrest Hughes because he was unable to reliably identify Hughes as the person with wh
• State v. Plummer
  228 So. 3d 661· Fla. 1st DCA· 2017-10-06 ·cited 5×
  The State appeals a trial court's grant of postconviction relief based on ineffective assistance of counsel. The court found that trial counsel failed to investigate and present expert evidence that the weapon used in a robbery was an airsoft gun (a toy capable of only minor inju
• Dominique v. State
  40 So. 3d 33· Fla. 4th DCA· 2010-06-23 ·cited 4×
  Nicolas Dominique was convicted of second-degree murder and appealed on three grounds: denial of motion to suppress statements, denial of motion to exclude evidence, and an erroneous jury instruction on manslaughter. The Fourth District affirmed the conviction, finding the Mirand
• State v. Roxanna L. McCABE
  845 So. 2d 327· Fla. 2d DCA· 2003-05-21 ·cited 4×
  The court held that an observed traffic infraction, such as speeding, provides probable cause for a traffic stop, regardless of the officer's subjective intent to investigate other potential offenses.
• Sammiel v. State
  225 So. 3d 250· Fla. 4th DCA· 2017-07-12 ·cited 3×
  Kevin Sammiel appeals his conviction for first-degree murder and armed robbery. The appellate court affirmed his conviction and sentence, finding no merit in twelve issues raised, including a challenge to the suppression ruling denying his motion to suppress evidence from a traff
• Speigner v. Speigner
  312 So. 3d 1289· Fla. 1st DCA· 2021-03-24 ·cited 2×
  The appellate court reversed an award of durational alimony in a long-term marriage, finding the trial court failed to provide sufficient findings to justify deviating from the presumption of permanent alimony. The case was remanded for further proceedings to determine the approp
• State v. Boston
  267 So. 3d 463· Fla. 2d DCA· 2019-01-18 ·cited 2×
  The State appeals a trial court's suppression order following a traffic stop of Allen Robert Boston for driving under the influence. The appellate court reversed, holding that the officer had an objective basis to stop Boston for violating the statute prohibiting driving on the w
• Thurston McBride v. State
  252 So. 3d 389· Fla. 1st DCA· 2018-08-07 ·cited 2×
  Trial counsel was ineffective in failing to investigate and obtain the victim's school attendance records, which constituted deficient performance that prejudiced the defendant where the victim's credibility was the key issue and the records directly contradicted the victim's cla
• A.L. v. State
  133 So. 3d 1239· Fla. 4th DCA· 2014-03-19 ·cited 2×
  The court held that the officer's commands to the defendant converted the encounter into a stop, which was not supported by reasonable suspicion, thus requiring suppression of the evidence.
• Dennis v. State
  927 So. 2d 173· Fla. 2d DCA· 2006-04-28 ·cited 2×
  Ricardo Dennis was stopped by warrant officers who believed he resembled a suspect named Jeremiah Williams based on race, gender, hairstyle, and forehead shape. The Florida Second District Court of Appeal reversed Dennis's drug convictions, holding that the officers lacked reason
• Nickeson v. Commissioner OF Internal Revenue
  962 F.2d 973· 10th Cir.· 1992-04-24 ·cited 2×
  The court held that taxpayers could not deduct research and development expenses under I.R.C. § 174 because the transactions lacked economic substance and a profit motive, and also affirmed penalties and increased interest.
• Symone Justine Bent v. State
  257 So. 3d 501· Fla. 4th DCA· 2018-10-24 ·cited 1×
  Under section 812.015(3)(a), Florida Statutes, law enforcement may detain and handcuff a person based on probable cause developed from a store employee's report of suspected shoplifting, even though the crime did not occur in the officer's presence.
• Trumaine Moody v. State
  255 So. 3d 953· Fla. 2d DCA· 2018-07-25 ·cited 1×
  When consent to search is obtained following an illegal police stop, the State must prove by clear and convincing evidence that an unequivocal break in the chain of illegality occurred to dissipate the taint; here, the deputy's brief explanation and request for consent, without i
• Antonnine Scotsman v. State
  238 So. 3d 300· Fla. 4th DCA· 2018-02-21 ·cited 1×
  Antonnine Scotsman appeals his convictions for three counts of armed robbery and one count of aggravated assault, challenging the admissibility of his confession obtained after he invoked his right to counsel. The court agrees that detectives violated his Miranda rights by contin
• Chiaravalle v. State
  Fla. 4th DCA· 2023-10-11
  The appellate court affirmed the trial court's decision to deny a motion to suppress breath test results in a DUI case. The court found that law enforcement officers substantially complied with the administrative rule requiring a twenty-minute observation period before administer
• Harrington v. Kemp
  Fla. 2d DCA· 2023-08-25
  The appellate court reversed a trial court's dismissal of a child support modification petition. The trial court improperly focused only on the children's needs and failed to consider the alleged substantial change in the parents' incomes, which is a valid basis for modification.
• Buonanotte v. State
  Fla. 4th DCA· 2023-02-15
  A blood draw obtained at a hospital without the defendant's express consent is lawful under section 316.1932(1)(c) when the defendant's violent and uncooperative behavior, combined with serious accident circumstances and medical personnel's decision to hospitalize her, made a bre
• Knox v. State
  296 So. 3d 989· Fla. 1st DCA· 2020-06-10
  The appellate court affirmed a conviction for possession of a firearm by a convicted felon. The court held that the trial court properly denied the defendant's motion to suppress evidence, finding that the police had reasonable suspicion to stop the defendant based on a tip from