1,384 Florida cases classified under this topic, plus 1,569 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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931 F.2d 1465·
11th Cir.·
1991-05-24
·cited 5×
The court held that prison officials' claim of probable cause to read inmate legal mail did not override the inmate's constitutional right to have such mail unread, and that the trial court properly denied motions based on this claim.
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The court held that prosecutorial misconduct during closing arguments, including appeals to class prejudice and denigration of the right to counsel, constituted prejudicial error violating due process, warranting the grant of a writ of habeas corpus.
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491 So. 2d 1141·
Fla.·
1986-07-17
·cited 5×
Florida Supreme Court held that a witness comment implicating defendant's right to remain silent constitutes harmless error beyond a reasonable doubt, reversing the district court's reversal of conviction.
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The court held that defense counsel's consent to a jury instruction informing the jury of the defendant's prior conviction for the same crime, even if reversed on procedural grounds, constituted ineffective assistance of counsel and a denial of due process that was not harmless e
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676 F.2d 1060·
5th Cir.·
1982-05-24
·cited 5×
The court affirmed the convictions, holding that the statute was constitutional and properly applied, and that the defendants' procedural and evidentiary challenges lacked merit.
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The court held that the defendant's conviction for inducing and encouraging unlawful alien entry and evasion of immigration laws was supported by sufficient evidence and proper venue, and that no reversible error occurred during the trial.
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The court held that the introduction of evidence of the defendant's silence after arrest, even if constitutional error, was harmless beyond a reasonable doubt.
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352 So. 2d 1205·
Fla. 4th DCA·
1977-11-22
·cited 5×
The court held that the officer's testimony regarding Miranda warnings and the defendant's subsequent statement was not a comment on the defendant's right to remain silent and, even if it were, it was not harmful error.
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351 So. 2d 762·
Fla. 1st DCA·
1977-11-10
·cited 5×
Dennis Nevels was convicted of second-degree murder and appealed, arguing improper prosecutorial remarks and constitutional error in the admission of testimony that he invoked his Miranda rights. The appellate court affirmed the conviction, finding both errors harmless in light o
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The court held that the trial court did not err by not holding a separate hearing on the voluntariness of the confession, as the defense never requested one.
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Admission of a medical report without the author's testimony did not violate the Confrontation Clause because the defendant cannot prove actual prejudice from the error.
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Gretchen Buselli was convicted of murder-for-hire under 18 U.S.C. § 1958 and making false statements to a federal agent after recorded calls and surveillance showed her hiring someone to kill her estranged husband for $25,000 and lying to the FBI about it. The Eleventh Circuit af
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The appellate court reversed a defendant's sentence because it was based on an improperly calculated sentencing scoresheet. The court found that the errors in the scoresheet were not harmless and remanded the case for resentencing with a corrected scoresheet. The court affirmed o
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A harmful Alleyne error in juvenile sentencing under section 775.082(1)(b)1 requires de novo resentencing pursuant to section 775.082(1)(b)2, not a ministerial correction of the sentence. Resentencing is a new proceeding requiring the full panoply of due process considerations, a
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An attorney's alleged failure to object to a creditor's failure to produce an original promissory note does not constitute the proximate cause of a guarantor's loss when the guaranty is absolute and unambiguous, enforceable independent of the note. The issue was barred by collate
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The court denied a petitioner's request for a belated direct appeal and imposed sanctions because he made false statements under oath regarding when he learned no appeal was filed. The court clarified that a belated direct appeal can be filed while a postconviction appeal is pend
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The photographic lineup was not unnecessarily suggestive, and the manager's identification was reliable under the Manson test. The trial court did not abuse its discretion in admitting the manager's prior consistent statement identifying the defendant. Any evidentiary errors rega
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The trial court properly excluded two prior consistent statements made well after the shooting (a letter and statement to his son) where defendant referred to the shooting as an accident, as they were not temporally tied to the specific charge of recent fabrication based on defen
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A defendant was convicted of fleeing or attempting to elude a law enforcement officer while driving recklessly. The defendant appeals, challenging the denial of his motion for judgment of acquittal, the prosecutor's misstatement of law in closing argument, and objections to troop
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The Florida Supreme Court authorized amendments to three standard criminal jury instructions (7.3 on Felony Murder–First Degree, 7.4 on Murder–Second Degree, and 10.7(d) on Destructive Devices) to comply with the Court's holding in Williams v. State that Alleyne v. United States
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The trial court did not commit reversible error in admitting eyewitness identifications, photographic evidence, jail visitation logs showing bias, or in denying the motion for judgment of acquittal where competent evidence supported every element of the charged offenses.
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Robert J. Bailey seeks habeas corpus relief from his death sentence under Hurst v. Florida, which requires jury unanimity in recommending capital punishment. The Florida Supreme Court grants the petition, finding that Bailey's 11-1 jury recommendation violates Hurst and the error
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The Florida Supreme Court held that a prior conviction under the 1981 version of section 800.04 (lewd and lascivious conduct with a minor) constitutes a "similar offense" qualifying a defendant as a Dangerous Sexual Felony Offender (DSFO) under the DSFO Act, resolving a conflict
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Dwayne White was convicted of first-degree murder in the death of his estranged wife and sentenced to death by a non-unanimous jury vote of 8-4. The Florida Supreme Court affirmed the conviction but vacated the death sentence because the Hurst v. State error—requiring unanimous j
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Johnson appeals his convictions for assault and battery as lesser included offenses, challenging the trial court's admission of hearsay testimony from a responding officer who recounted victim descriptions of the defendant. The appellate court found the admission was error but ha
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James Newton appeals his DUI manslaughter conviction, challenging the trial court's exclusion of his exculpatory statement to a paramedic that he had not been driving. The appellate court agreed the trial court erred but affirmed the conviction, finding the error harmless beyond
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Alisha Nicole Vice was convicted of aggravated child abuse and child neglect for injuries to a three-month-old infant. The Florida First District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion in admitting Williams rule e
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30 So. 3d 684·
Fla. 4th DCA·
2010-03-24
·cited 4×
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The court held that the trial court erred in dismissing the appellant's post-conviction claim regarding erroneous victim injury points without considering its merits.
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13 So. 3d 147·
Fla. 2d DCA·
2009-06-10
·cited 4×
The court held that while the trial court erred in admitting evidence of uncharged sexual acts without proper notice, the error was harmless due to a strong confession.
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The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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The exclusion of two expert witnesses from testifying on the insanity defense is harmless error where two other defense experts provided substantial testimony on Wright's mental state at the time of the crimes.
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The court held that a technical failure to timely file a signed written statement of reasons for an upward departure sentence, without prejudice to the defendant, does not require reversal if the reasons themselves are valid.
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Aziz Matar appeals his expulsion from Florida International University for academic misconduct, challenging the fairness of the disciplinary proceeding and the severity of the penalty. The court affirms the expulsion, finding the proceeding was essentially fair and the evidence a
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Calabrese was convicted of conspiracy to traffic in cocaine after a jury acquitted him of the underlying trafficking charge. The appellate court reversed, finding that the trial court committed fundamental error by failing to instruct the jury on the 'independent act' doctrine as
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876 So. 2d 1243·
Fla. 3d DCA·
2004-06-30
·cited 4×
McCoy appealed his conviction and 360-month sentence for armed robbery, challenging the sentencing scoresheet which erroneously included points for prior juvenile adjudications. The appellate court affirmed the sentence despite the scoresheet error, finding clear evidence the tri
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884 So. 2d 960·
Fla. 1st DCA·
2004-04-07
·cited 4×
In this medical malpractice case, the trial court entered judgment for defendant Dr. Howell based on a jury verdict absolving him of liability. The appellate court affirmed, holding that while the trial court erred in permitting defense expert Dr. Foley to reference the IRAD stud
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Thomas Crow, convicted of first-degree murder in 1985, appealed a trial court's order summarily denying his motion for postconviction DNA testing. The court held that Rule 3.853 is a valid exercise of judicial authority and that Crow's motion was sufficient to warrant a hearing,
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The court held that the jury instruction given on Count One was fundamentally erroneous because it reduced the State's burden of proof on the disputed element of the appellant's knowledge of the illicit nature of the substance.
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762 So. 2d 957·
Fla. 4th DCA·
2000-05-24
·cited 4×
The court held that the appellant voluntarily consented to the search of his luggage and that the search of the package within the bag was proper, affirming his conviction.
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673 So. 2d 937·
Fla. 1st DCA·
1996-05-20
·cited 4×
The court reversed in part a summary denial of postconviction relief, holding that trial counsel's ineffectiveness in failing to raise a hypothesis of innocence and preventing the defendant from testifying requires an evidentiary hearing or substantiating findings rather than sum
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Andre Quarterman was sentenced to seventeen years as a habitual felony offender after pleading guilty to burglary under duress of a furlough condition. The appellate court reversed and remanded because the record lacked required findings of fact regarding prior convictions and pr
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Improper comments on a defendant's silence can constitute error, but in this case, the overwhelming evidence of guilt rendered the comment harmless.
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651 So. 2d 754·
Fla. 1st DCA·
1995-03-06
·cited 4×
The appellate court reversed a dependency order against a father due to the improper admission of hearsay testimony from his children. While the court found sufficient evidence of abuse, the trial court failed to make required findings for admitting the hearsay, and this error wa
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Monte Bell was convicted of robbery with a firearm under three separate counts. This appeal addresses whether the trial court's jury instruction regarding proof of firearm possession during armed robbery was legally sufficient. The court reversed Bell's conviction under Count II
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A defendant convicted of cocaine sale and possession after representing himself pro se appeals, arguing the trial court failed to conduct the constitutionally required Faretta inquiry before allowing self-representation. The court agrees and reverses, holding that a trial court c
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A trial court cannot depart from sentencing guidelines by citing risk of harm to a victim who is already the victim of the offense for which the defendant is being sentenced, as such risk is an inherent component already factored into the recommended sentencing range.
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633 So. 2d 485·
Fla. 1st DCA·
1994-02-23
·cited 4×
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Defendant Messec appealed his convictions for armed robbery, armed kidnapping, and armed burglary, challenging the trial court's failure to grant a mistrial based on improper prosecutorial comment. The appellate court affirmed the conviction, finding that although the prosecutor'