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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Venue was proper in Alachua County under section 910.15(1) because the dissemination of the communications was made in that county when the victim received them, regardless of where the defendant sent them. A prior out-of-state conviction qualifies as a similar law under section
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The appellate court affirmed the defendant's convictions, holding that the trial court did not abuse its discretion in admitting prison communications as co-conspirator statements and evidence of identity/motive/intent. The court also found no abuse of discretion in admitting a r
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Joseph Haas, convicted of arson and attempted manslaughter arising from a fire at his house, sought federal habeas relief on grounds including double jeopardy, due process, and ineffective assistance of counsel. The court denied all claims but issued a certificate of appealabilit
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Fla. 4th DCA·
2024-10-09
Conducting a child witness's competency examination in the presence of the jury does not constitute reversible error when the examination is conducted in a neutral manner and the witness's answers are cumulative to other properly admitted evidence. While the better practice is to
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When vacation of a conviction would change a defendant's scoresheet, the defendant is entitled to resentencing using a corrected scoresheet unless the error is harmless because the record conclusively shows the trial court would have imposed the same sentence.
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M.D. Fla.·
2024-09-28
The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled.
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S.D. Fla.·
2024-09-17
The court affirmed the Magistrate Judge's Report and Recommendation, adopting the ALJ's decision to deny disability benefits.
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The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and proper legal standards, and any procedural errors were harmless.
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Fla. 5th DCA·
2024-08-23
When a trial court in a nonjury case overlooks or ignores evidence that could have resulted in a different outcome, reversal and remand for reconsideration of that evidence is the appropriate remedy. The trial court's error in stating that only two surveyors testified when three
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S.D. Fla.·
2024-08-07
The court held that substantial evidence supported the ALJ's determination that the plaintiff was not disabled and that the ALJ's procedural errors were harmless.
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The court held that the ALJ failed to adequately consider medical opinions from Dr. Marshall and Dr. Lopez-Nunes, warranting reversal and remand.
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Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
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The court denied the petition for writ of habeas corpus, finding that the state court's rejection of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2024-06-10
The court affirmed the Commissioner's decision, holding that the ALJ's reliance on vocational expert testimony was supported by substantial evidence and that any potential error regarding job numbers or RFC conflicts was harmless.
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Denial of a motion to disqualify the trial judge is harmless error where it lacks a reasonable probability of contributing to the defendant's conviction.
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Fla. 3d DCA·
2024-05-15
A directed verdict was properly denied because expert testimony established that Pla could have seen the pedestrian and avoided the accident, providing sufficient evidence for a reasonable jury to find partial liability. The new trial motion was properly denied because any eviden
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The court held that federal habeas review cannot grant relief for state law errors, and to the extent federal claims were raised, they were meritless.
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Cory Barrant Sivik sought federal habeas relief challenging his state conviction for lewd or lascivious molestation of a child under twelve, arguing that statements he made during a police-orchestrated controlled telephone call violated his Fifth and Sixth Amendment rights. The d
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A trial court properly denies a rule 3.800(a) motion challenging sentencing when the motion raises claims that are procedurally barred or not cognizable under that rule.
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The trial court reversibly erred in admitting hearsay statements from the decedent's sons testifying that their mother stated, after her lung cancer diagnosis, that tobacco companies had lied to her about filtered cigarettes being safe. These statements were inadmissible after-th
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The court held that the Florida Supreme Court's determination that the conditional-release program is constitutional was reasonable, and therefore, the Third DCA's denial of the petitioner's state-court habeas petition was also reasonable.
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M.D. Fla.·
2024-03-19
The court affirmed the Commissioner's decision, finding that any error by the ALJ in not explicitly incorporating mild mental limitations into the RFC was harmless because there was no evidence that the claimant's affective disorder limited her ability to work.
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The Court held that the Petitioner's claims challenging his civil commitment under 28 U.S.C. § 2254 lacked merit, as the state court's findings were supported by evidence and complied with federal and state law.
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Fla. 4th DCA·
2024-01-10
The trial court did not abuse its discretion in admitting detective testimony regarding a Snapchat video, did not commit fundamental error by considering unsworn victim letters at sentencing, properly assessed victim injury points without a jury finding, and properly used a six-p
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David John Posta, convicted of DUI manslaughter in Florida, sought federal habeas relief challenging his conviction and 40-year sentence on multiple grounds, including claims that the trial court improperly considered an uncounseled Virginia conviction at sentencing and lacked ju
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The court denied the petition for writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel and due process violations were meritless.
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M.D. Fla.·
2023-08-28
The court affirmed the Commissioner's decision, holding that the ALJ did not err by failing to analyze or discuss the mental health counselor's statements as medical opinions, and that any potential error was harmless.
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The court held that the petitioner's claims of ineffective assistance of counsel regarding his decision to testify and a rejected plea offer were without merit, and the cumulative error claim also failed.
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The court held that the petitioner's claims were adjudicated on the merits by the state court and did not meet the high bar for federal habeas relief under AEDPA, as counsel's strategic decisions were reasonable and motions to suppress would have been futile.
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The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the plaintiff was not disabled and could perform her past relevant work.
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Fla. 3d DCA·
2023-06-07
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M.D. Fla.·
2023-06-05
The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and proper legal standards.
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The appellate court affirmed a second-degree murder conviction, holding that the trial court properly admitted a witness's grand jury testimony as substantive evidence and that an improper prosecutorial comment during closing arguments was harmless error.
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Andre Alston sought to vacate his 15-year conviction and sentence for firearm possession by a convicted felon under 28 U.S.C. § 2255, arguing prosecutorial misconduct, speedy trial violations, ineffective assistance of counsel, and other constitutional violations. The district co
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The federal court denied the petition for writ of habeas corpus because the state court's determination that the defendant was competent to stand trial, made nunc pro tunc, was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determinati
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The trial court abused its discretion in admitting dash camera video beyond the first 48 seconds, the soundtrack containing lay opinions and irrelevant commentary about fleeing the scene, and an inaccurate, poorly authenticated accident diagram. These errors individually and cumu
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The court denied the petitioner's motion for reconsideration, finding no manifest error of law or fact in the prior denial of his motion to vacate sentence.
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Multiple improper prosecutorial comments and questions—including soliciting officer opinions on the initial aggressor, commenting on pre-arrest silence, vouching for police credibility, and mischaracterizing evidence—constituted reversible error in a case turning entirely on witn
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The court held that the petitioner's prior state drug convictions qualified as 'serious drug offenses' under the ACCA, and counsel was not ineffective for failing to challenge this classification. The court also found the indictment sufficiently stated the offense.
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M.D. Fla.·
2023-03-03
The court affirmed the Commissioner's decision, finding the ALJ properly applied legal standards and the decision was supported by substantial evidence.
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The court denied the defendant's motion for a new trial, finding that the alleged prosecutorial misconduct did not rise to the level of reversible error and that the indictment was sufficient. The court applied different standards of review for misconduct claims based on whether
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The Delaware Supreme Court affirmed the Superior Court's judgment, finding no error in the denial of the defendant's motion to suppress, the admission of DNA evidence, the handling of alleged prosecutorial misconduct, or the sufficiency of the evidence. The court also held that t
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The trial court's judgment and sentences are affirmed, but the case is remanded to correct a clerical error in the judgment document.
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The admission of hearsay testimony regarding drug weight from analysts lacking personal knowledge but relying on chemists' reports was harmless error because the investigating officer testified to purchasing specific quantities based on the defendant's representations. The State'
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M.D. Fla.·
2022-12-05
The court held that the Administrative Law Judge (ALJ) failed to resolve an apparent conflict between the vocational expert's testimony and the Dictionary of Occupational Titles (DOT), requiring reversal and remand.
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The appellate court reversed a DUI conviction because the trial court improperly excluded two defense witnesses due to a discovery violation without considering less severe sanctions. The excluded witnesses were crucial for challenging the reliability of the breathalyzer machine
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M.D. Fla.·
2022-11-28
The court held that the ALJ erred by failing to address or weigh the opinions of examining psychologists regarding the plaintiff's mental impairments at step two of the disability evaluation process.
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S.D. Fla.·
2022-11-21
The court held that the ALJ's decision was supported by substantial evidence and correct legal standards, denying the plaintiff's motion for summary judgment.
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A federal district court dismissed and denied a habeas corpus petition challenging a 2014 Florida conviction for burglary and theft, finding that petitioner Forbes exhausted only two of his four claims, that one unexhausted claim was not a substantial claim under the Martinez exc