664 Florida cases classified under this topic, plus 839 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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351 So. 2d 1047·
Fla. 4th DCA·
1977-02-18
·cited 3×
Court reversed defendant's conviction because officer testified to defendant's post-Miranda statement without establishing that defendant had invoked or waived his right to counsel, violating established Florida precedent on Miranda compliance.
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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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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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273 So. 3d 1041·
Fla. 3d DCA·
2019-03-20
·cited 2×
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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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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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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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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229 So. 3d 847·
Fla. 4th DCA·
2017-11-08
·cited 2×
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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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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136 So. 3d 766·
Fla. 1st DCA·
2014-04-25
·cited 2×
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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107 So. 3d 527·
Fla. 4th DCA·
2013-02-20
·cited 2×
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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76 So. 3d 1124·
Fla. 1st DCA·
2012-01-06
·cited 2×
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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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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997 So. 2d 1266·
Fla. 4th DCA·
2009-01-05
·cited 2×
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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969 So. 2d 411·
Fla. 3d DCA·
2007-10-24
·cited 2×
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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901 So. 2d 340·
Fla. 2d DCA·
2005-05-04
·cited 2×
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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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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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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765 So. 2d 299·
Fla. 5th DCA·
2000-08-25
·cited 2×
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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The Florida Board of Clinical Laboratory Personnel appealed an administrative law judge's invalidation of proposed rules changing clinical laboratory technician licensure requirements. The First District Court of Appeal reversed, holding that the ALJ applied an incorrect burden o
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696 So. 2d 387·
Fla. 5th DCA·
1997-05-23
·cited 2×
The Florida Fifth District Court of Appeal reversed a trial court's order granting O'Rourke a new trial on attempted first-degree murder, finding that the failure to instruct the jury on justifiable and excusable homicide was harmless error when the crime charged was two steps re
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679 So. 2d 1264·
Fla. 5th DCA·
1996-09-20
·cited 2×
Patrick Watson challenged his conviction on two grounds: an alleged Batson violation in jury selection and the trial court's failure to make written findings when sentencing him as a habitual felony offender. The Florida appellate court rejected both arguments, finding the prosec
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657 So. 2d 1218·
Fla. 5th DCA·
1995-06-30
·cited 2×
The court held that the enhancement statute for sexual battery does not apply to attempted sexual battery.
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640 So. 2d 1232·
Fla. 4th DCA·
1994-08-10
·cited 2×
Angelique Mondo was convicted of simple battery after being charged with aggravated battery. The Florida Fourth District Court of Appeal reversed because the trial court failed to conduct an adequate Richardson hearing into the state's discovery violation regarding undisclosed st
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639 So. 2d 132·
Fla. 2d DCA·
1994-06-29
·cited 2×
Vincent Rigsby was convicted of aggravated child abuse, child abuse, negligent treatment of a child, and aggravated battery with a deadly weapon. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the prosecutor improperly commented on Rigsby
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632 So. 2d 723·
Fla. 3d DCA·
1994-03-08
·cited 2×
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The court held that errors in grand jury proceedings or the destruction of evidence do not warrant dismissal of an indictment after conviction if the defendant was not prejudiced and the police did not act in bad faith. Confessions were admissible as they were voluntary and knowi
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The court held that a criminal defendant can knowingly and voluntarily waive the protections of Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11(e)(6).
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The court held that the exclusion of the defendant's testimony regarding a conversation during the alleged incident violated his Sixth Amendment right to testify and was not harmless error.
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992 F.2d 32·
3d Cir.·
1993-04-27
·cited 2×
The court held that admitting a defendant's financial affidavit, used to obtain court-appointed counsel, into evidence at trial violated the Fifth Amendment privilege against self-incrimination, but that this error was harmless beyond a reasonable doubt.
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The admission of a videotaped interview of a child complainant, without the child testifying in court and being subject to cross-examination, violates the Sixth Amendment's Confrontation Clause, and such an error is not harmless when the videotape likely contributed to the convic
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The court held that the district court's failure to properly apprise the defendant of the direct consequences of his guilty plea, in violation of Fed.R.Crim.P. 11, constituted an entire failure to address a core concern, requiring automatic reversal. Additionally, convictions for
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David Keith appeals his aggravated battery conviction, challenging a jury instruction on self-defense that incorrectly stated the law regarding justifiable use of nondeadly force. The Florida First District Court of Appeal affirms the conviction, finding the instructional error h
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The court held that a prosecutor's questioning of a defendant about her post-arrest silence, despite a timely objection and the court's instruction to answer, violated the Fifth Amendment and was not harmless error, requiring reversal of her conviction.
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981 F.2d 425·
9th Cir.·
1992-12-03
·cited 2×
The court held that appellate counsel was not ineffective for failing to argue inadequate notice of a felony-murder charge, as the appellant received constitutionally adequate notice through trial proceedings and evidence presented.
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The admission of a photograph showing numerous weapons, which was only marginally relevant to the defendant's defense and highly prejudicial, constituted an abuse of discretion and reversible error under Federal Rule of Evidence 403.
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980 F.2d 388·
6th Cir.·
1992-11-24
·cited 2×
The court held that the district court did not err in its jury instructions regarding the definition of check kiting and that mailing title policies was incident to an essential part of the mail fraud scheme.