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Criminal Law

Florida Criminal Law Opinions Florida Criminal Law Opinions

A forum where criminal justice professionals, teachers, and students can read and discuss recent criminal law decisions from Florida's appellate courts.
By David Edelstein, Esq.

Post Frequency: 14.6/day

Last Entry: April 01, 2011 at 12:26:55

Recent Entries: 1252

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Diaz v. State

Posted on May 14, 2008
ANGEL DIAZ, Appellant, v. STATE OF FLORIDA, Appellee.No. 4D06-4012.   District Court of Appeal of Florida, Fourth District.   May 14, 2008.           Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Joel T. Lazarus, Judge, L...


Dennis v. State

Posted on May 14, 2008
MARSHALL DENNIS, Appellant, v. STATE OF FLORIDA, Appellee.No. 4D06-3300.   District Court of Appeal of Florida, Fourth District.   May 14, 2008.           Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, John B. Bowman, Judge, L...


Grant v. State

Posted on May 09, 2008
HEWITT GRANT, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-555 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     April 9, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Polk County; Karla Foreman Wright, Judge...


Schaeffer v. State

Posted on May 09, 2008
JARROD RILEY SCHAEFFER, Appellant, v. STATE OF FLORIDA, Appellee. Case Nos. 2D07-516, 2D07-2126 CONSOLIDATED COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 9, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Pasco County; Thane Covert, Judge...


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Byrd v. State

Posted on May 09, 2008
SHERMAN W. BYRD, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-2069 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 9, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Polk County; Neil Roddenbery and Dennis P...


Hempstead v. State

Posted on May 09, 2008
HAROLD HEMPSTEAD, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D06-2064 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 9, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Pinellas County; W...


Freeman v. State

Posted on May 09, 2008
LAWRENCE XAVIER FREEMAN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-2110 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 9, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Hillsborough County; Daniel Lee Perry, Judge...


Cokley v. State

Posted on May 09, 2008
ANTHONY J. COKLEY, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 5D07-4328 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT     May 9, 2008, Opinion Filed     PRIOR HISTORY:    [*1]  3.800 Appeal from the Circuit Court for Marion County. Brian D. Lambert, Judge...


Mobley v. State

Posted on May 09, 2008
IVAN ROBERT MOBLEY, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D07-2815 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT     May 9, 2008, Opinion Filed     PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge...


Johnson v. State

Posted on May 09, 2008
JERMAINE JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D08-258 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT     May 9, 2008, Opinion Filed     PRIOR HISTORY:    [*1]  3.800. Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge...


Wiggs v. State

Posted on May 09, 2008
JEFFREY W. WIGGS, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 5D07-3279 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT     May 9, 2008, Opinion Filed     PRIOR HISTORY:    [*1]  Petition for Certiorari Review of Decision from the Circuit Court for Lake County Acting in its Appellate Capacity...


DUANE EUGENE OWEN, Appellant, vs.

Posted on May 08, 2008
DUANE EUGENE OWEN, Appellant, vs. STATE OF FLORIDA, Appellee. DUANE EUGENE OWEN, Petitioner, vs. WALTER A. MCNEIL, etc., Respondent. No. SC06-2104, No. SC07-650 SUPREME COURT OF FLORIDA   May 8, 2008, Decided   NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED...


Wiggins v. State

Posted on May 02, 2008
MARLIN LEON WIGGINS, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 2D06-2973 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 2, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Petition for Writ of Prohibition to the Circuit Court for Hillsborough County; Chet A...


Howard v. State

Posted on May 02, 2008
JOHNNIE F. HOWARD, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-5322 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 2, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal pursuant to Fla...


Bodie v. State

Posted on May 02, 2008
LUMAN BODIE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D06-1662 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 2, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Collier County; Lawrence D...


Saldana v. State

Posted on May 02, 2008
ELISEO G. SALDANA, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D06-3285 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 2, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Manatee County; Marc B...


Hogan v. State

Posted on May 02, 2008
MICHAEL L. HOGAN, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D07-4442 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT     May 2, 2008, Opinion Filed     PRIOR HISTORY:    [*1]  3.850 Appeal from the Circuit Court for Putnam County, Edward Hedstrom, Judge...


Rivers v. State

Posted on May 02, 2008
WARREN RIVERS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D06-676 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 2, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Hillsborough County; Debra K...


LaMorte v. State

Posted on May 02, 2008
JAMES PETER LaMORTE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D06-4346 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 2, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Sarasota County; Andrew D...


A.M.W. v. State

Posted on May 02, 2008
A.M.W., A CHILD, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D05-1517 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT     May 2, 2008, Opinion Filed     PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Orange County, Anthony H. Johnson, Judge...


Parker v. State

Posted on May 02, 2008
CHARLES HAROLD PARKER, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D06-5134 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT     May 2, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED   PRIOR HISTORY:    [*1]  Appeal from the Circuit Court for Pinellas County; R...


Woodel v. State

Posted on May 01, 2008
THOMAS D. WOODEL, Appellant, vs. STATE OF FLORIDA, Appellee. No. SC05-1336 SUPREME COURT OF FLORIDA May 1, 2008, Decided   NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.   PRIOR HISTORY:    [*1]  An Appeal from the Circuit Court in and for Polk County, Susan W...


Nobles v. State

Posted on April 07, 2008
RORY EVAN NOBLES, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D05-6059 COURT OF APPEAL OF FLORIDA, FIRST DISTRICT April 7, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PRIOR HISTORY:   [...


Hurry v. State

Posted on April 07, 2008
JESSIE JAMES HURRY, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D07-1768 COURT OF APPEAL OF FLORIDA, FIRST DISTRICT April 7, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PRIOR HISTORY:   [...


Morris v. State

Posted on April 04, 2008
TIMOTHY IVAN MORRIS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D07-4227 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT April 4, 2008, Opinion Filed SUBSEQUENT HISTORY:    [*1] As Corrected April 4, 2008. PRIOR HISTORY:   Appeal from the Circuit [...


Greider v. State

Posted on April 04, 2008
JAMES GREIDER, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 2D06-592 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT April 4, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED SUBSEQUENT HISTORY:   As Corrected April 8, 2008...


Ventura v. State

Posted on April 04, 2008
FEDERICO VENTURA, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-802 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT April 4, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED PRIOR HISTORY:   [...


Atwell v. State

Posted on April 04, 2008
WALTER LEE ATWELL, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-1702 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT April 4, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED PRIOR HISTORY:   [...


Polewarzyk v. State

Posted on April 04, 2008
SCOTT L. POLEWARZYK, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 5D07-3948 COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT April 4, 2008, Opinion FiledPRIOR HISTORY:    [*1] 3.850 Appeal from the Circuit Court for Brevard County, Meryl Allawas, Judge...


Hettick v. State

Posted on April 04, 2008
MICHAEL L. HETTICK, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D07-3792 COURT OF APPEAL OF FLORIDA, SECOND DISTRICT April 4, 2008, Opinion Filed NOTICE:   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED PRIOR HISTORY:   [...


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