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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386 So. 3d 567·
Fla. 4th DCA·
2024-05-15
·cited 2×
A detective's testimony that markings on a victim's body appeared consistent with an iron found at the crime scene was admissible as lay observation based on the detective's personal observation of both the victim's body and the iron, and fell within the permissible range of lay
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The Eleventh Circuit affirmed the district court's sentence, holding that any error in applying a sentencing enhancement was harmless and that the district court adequately explained its sentence, including the term of supervised release.
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30 F.4th 1271·
11th Cir.·
2022-04-12
·cited 2×
Douglas Moss, a physician, was convicted of conspiracy and health care fraud for fraudulently billing Medicare and Medicaid millions of dollars for nursing home visits he never personally performed, often billing at inflated rates for services actually performed by lower-paid ass
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338 So. 3d 951·
Fla. 3d DCA·
2022-01-19
·cited 2×
Affirmed judgment for Citizens Property Insurance Corporation in homeowners' insurance coverage dispute, finding no reversible error in jury instructions regarding burden of proof for excluded losses.
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The appellate court reversed a lower court's denial of a motion to correct a sentencing scoresheet error. The court found that the scoresheet calculation for one count was incorrect and resulted in an illegal sentence, requiring resentencing on that specific count.
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American Towing of Miami appealed from an order granting class certification in a case alleging violations of Florida Statute § 715.07(2)(a)(9), which prohibits towing companies from requiring liability releases as a condition of vehicle release. The court reversed the class cert
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Ashley Rierson appeals a jury verdict finding no liability in a personal injury case arising from a motor vehicle accident. The trial court granted an order in limine prohibiting reference to the defendant's traffic citation, but during closing argument, defense counsel made stat
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Ebony Sweeting was convicted of battery of a law enforcement officer following an encounter at her residence when police came to arrest her nephew. The Florida appellate court reversed her conviction, finding that the prosecutor's closing argument improperly shifted the burden of
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Willie Seth Crain, Jr. challenged his death sentence on postconviction appeal based on Hurst v. Florida, arguing that sentencing errors were not harmless. The Florida Supreme Court affirmed the denial of his successive motion for postconviction relief, holding that the jury's una
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The Florida Supreme Court affirmed the postconviction court's order granting Joseph Smith a new penalty phase following the U.S. Supreme Court's decision in Hurst v. Florida, which requires a unanimous jury finding on all facts necessary to impose death. The court held that the H
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James Guzman was convicted of first-degree murder and armed robbery in the 1991 death of David Colvin and sentenced to death. The Florida Supreme Court affirmed the convictions but vacated the death sentence and remanded for a new penalty phase due to Hurst error requiring jury u
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The court held that the Surgeon General's Reports were inadmissible hearsay and their erroneous admission was not harmless error.
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In consolidated appeals, the Florida Third District Court of Appeal affirmed a final judgment in a contract dispute involving a promissory note. The court held that absent an express provision for compound interest in the note, only simple interest may be awarded, and affirmed th
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Richard Todd Robards appeals the denial of his motion for postconviction relief from two death sentences. The Florida Supreme Court affirmed the denial of his ineffective assistance of counsel claims regarding the guilt phase, but granted him a new penalty phase proceeding under
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Eric Lee Simmons was convicted of murder and sentenced to death. On appeal following a resentencing proceeding, the Florida Supreme Court vacated the death sentence based on Hurst v. Florida, holding that the jury failed to unanimously find that aggravating factors were sufficien
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This case involves a breach of employment contract claim by the estate of Dr. Russell Mootry against Bethune-Cookman University following his termination for alleged sexual harassment. The Fifth District Court of Appeal reversed the judgment in favor of BCU, finding reversible er
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Florida appellate court reversed Brown's cocaine trafficking conviction because the prosecution improperly cross-examined him and argued about his post-arrest silence, violating his Fifth Amendment right to remain silent.
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Trial court reversibly erred by denying defendant's unequivocal assertion of right to self-representation and forcing appointed counsel upon him, despite finding a valid waiver of counsel; structural error requires reversal and new trial.
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The Florida First District Court of Appeal reversed the Secretary's unilateral denial of a request for review by the Florida Land and Water Adjudicatory Commission regarding whether a water supply plan improperly designated surface water withdrawals as alternative water supplies.
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In this workers' compensation case, the Florida First District Court of Appeal reversed a permanent total disability (PTD) award because the Judge of Compensation Claims (JCC) abused its discretion by denying the Employer's motion to depose a treating physician whose opinions wer
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Alan Dixon was convicted of aggravated battery causing serious bodily injury after a jury trial for violently beating a woman. The Fourth DCA reversed because the trial court erroneously excluded testimony about phone calls from the victim that was admissible either as non-hearsa
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The judgment is reversed and remanded for a new trial because the trial court failed to make required findings on the admissibility of hearsay statements from the child victim under section 90.803(23), Florida Statutes.
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John Richards appealed his sentencing on a probation violation, arguing the trial court used an incorrect sentencing guidelines scoresheet. The Florida District Court of Appeal found merit in Richards' argument, vacated his sentence, and remanded for resentencing with a corrected
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The trial court's failure to instruct the jury on the justifiable use of nondeadly force, when requested and supported by evidence, constitutes reversible error that was not harmless.
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Taylor Coleman appeals her convictions for theft, burglary, and criminal mischief after a witness improperly commented on her invoking her right to remain silent during police interrogation. The court reversed because the state failed to prove beyond a reasonable doubt that the c
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55 So. 3d 699·
Fla. 4th DCA·
2011-03-02
·cited 2×
Robert Hayes appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act following a jury verdict. The Fourth District Court of Appeal affirmed the commitment, finding that any trial errors—including prosecutor statements violating an in limine ord
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Cooper appeals his convictions for sexual abuse, challenging the trial court's admission of testimony about uncharged sexual incidents. On remand from the Florida Supreme Court to apply the correct harmless error standard, the Second District Court of Appeal affirms the convictio
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61 So. 3d 412·
Fla. 2d DCA·
2010-08-18
·cited 2×
The court held that while the trial court erred in admitting extensive collateral crimes evidence, the error was harmless due to the overwhelming evidence of guilt for the charged offenses.
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Thomas Osborne appeals his conviction for possession of burglary tools after the trial court admitted irrelevant evidence of a toy gun he was carrying. The court reverses, finding the gun evidence had no relevance to the charged crimes and was highly prejudicial, especially when
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The court held that a trial court must conduct an evidentiary hearing before adding victim injury points upon re-sentencing, even if those points were not assessed in the original sentence.
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976 So. 2d 1169·
Fla. 1st DCA·
2008-03-18
·cited 2×
The trial court abused its discretion in admitting evidence of appellant's sexual conduct with prostitutes in foreign countries because such evidence was irrelevant to the aggravated assault charge and highly prejudicial, and the State failed to prove the error was harmless beyon
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Steven Alan Hoo appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's admission of testimony from the victim's mother regarding the victim's ongoing medical and psychological problems seventeen years after being
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958 So. 2d 377·
Fla. 3d DCA·
2007-02-07
·cited 2×
Larry Diaz was convicted of armed robbery after he admitted being present at the scene and driving the getaway car but claimed he was forced at gunpoint by his co-defendant. The appellate court affirmed his conviction, rejecting claims that the prosecutor impermissibly commented
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938 So. 2d 542·
Fla. 1st DCA·
2006-08-08
·cited 2×
The court held that the defendant waived several arguments on appeal by failing to preserve them at trial, and any potential errors were harmless due to overwhelming evidence of guilt.
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928 So. 2d 386·
Fla. 5th DCA·
2006-04-07
·cited 2×
A trial court does not abuse its discretion by excluding evidence of a victim's prior acts of violence when the evidence is remote in time, lacks connection to the crime charged, and the defendant provides no evidence that she was aware of or influenced by the specific incident a
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922 So. 2d 391·
Fla. 1st DCA·
2006-03-07
·cited 2×
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A trial court must conduct a Richardson hearing when a discovery violation occurs in a probation revocation proceeding, and failure to do so requires reversal unless the error is harmless beyond a reasonable doubt.
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Jason Williams appeals his conviction for lewd and lascivious battery on a 14-year-old girl, arguing his confession was coerced by detective misrepresentations. The appellate court affirms because Williams failed to preserve the issue by not filing a motion to suppress the confes
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The court held that summary denial of a motion to correct an illegal sentence is improper if the record does not conclusively show the same sentence would have been imposed despite a scoresheet error.
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882 So. 2d 523·
Fla. 3d DCA·
2004-09-22
·cited 2×
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Antonio Smith appeals his conviction for battery on a law enforcement officer, resisting arrest, and cannabis possession, arguing the state failed to disclose a material witness (the vehicle lessee) in violation of discovery rules. The court held that the state's obligation to di
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880 So. 2d 723·
Fla. 5th DCA·
2004-05-14
·cited 2×
Any error in instructing the jury that alleged violations of the Patient's Bill of Rights must have resulted in the resident's death was harmless error where the jury found no liability on the nearly identical negligence count.
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815 So. 2d 745·
Fla. 1st DCA·
2002-05-02
·cited 2×
The court affirmed the trial court's admission of hearsay statements from a child victim under Florida's child hearsay exception, finding that any reliance on corroborating evidence was harmless given the court's multiple independent findings of reliability.
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Florida appellate court reversed and remanded where trial court failed to enter a written probation revocation order and improperly assessed six points on the sentencing scoresheet for community sanction violation.
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The court held that the trial court erred in admitting hearsay evidence to explain the police investigation, as the circumstances leading to the investigation were not relevant and the evidence was likely misused.
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805 So. 2d 52·
Fla. 5th DCA·
2001-12-28
·cited 2×
A conviction for vehicular homicide is affirmed where a discovery violation consisting of undisclosed cross-examination testimony is harmless error because the evidence of guilt is overwhelming and a curative instruction was given.
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796 So. 2d 639·
Fla. 3d DCA·
2001-10-10
·cited 2×
Julieta Vanegas, as personal representative of her deceased minor son's estate, appealed a jury verdict in favor of A.J. Capeletti, Inc. in a wrongful death action. The court reversed and remanded for a new trial, finding that the trial court erred in refusing to instruct the jur
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Donald Ward appeals his convictions for attempted first-degree murder of a law enforcement officer, robbery, aggravated assault, and felony causing bodily injury, as well as sentences imposed after probation revocation. The Fifth District Court of Appeal affirms most convictions,
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756 So. 2d 1042·
Fla. 2d DCA·
2000-04-05
·cited 2×
Florida appellate court affirmed cocaine sale and battery convictions but remanded for resentencing on the battery count due to a scoresheet error that included points for an uncharged offense, rejecting the State's harmless-error argument based on concurrent sentencing.
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722 So. 2d 843·
Fla. 2d DCA·
1998-11-06
·cited 2×
Suarez-Mesa was convicted of first-degree murder and other crimes related to the death of his estranged wife. The appellate court reversed his convictions for first-degree murder and burglary because the trial court erred in admitting a prejudicial videotape of an unrelated bond