1DCA: Peremptory Challenge bc Juror Gave Prosecutor a “Dirty Look”

Reversing conviction for possession of XLR11 (commonly referred to as K2, Spice, or Synthetic Marijuana) and methamphetamine,the trial court erred in allowing a peremptory challenge to strike an African-American juror where the State’s race-neutral reason—that the juror gave the prosecutor a dirty look—was neither observed by the trial court nor supported by the record.

Ivey v. State, 1D15-5803 (Fla. 1st DCA Sept. 13, 2017)

https://edca.1dca.org/DCADocs/2015/5803/155803_DC08_09132017_100546_i.pdf

Jackson Co.

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

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4DCA: LEOs Can Assert Stand Your Ground – Certifies Conflict

Finding the law enforcement officers are eligible to assert the Stand Your Ground defense under F.S. 776.012 and 776.032, the Fourth District agreed with the trial court that "the officer reasonably believed using deadly force was necessary to prevent imminent death or great bodily harm to himself, his sergeant, and the nearby citizens."

Certified Conflict with State v. Caamano, 105 So. 3d 18 (Fla. 2d DCA 2012).

Certified question of great public importance:

WHETHER A LAW ENFORCEMENT OFFICER, WHO WHILE MAKING A LAWFUL ARREST, USES DEADLY FORCE WHICH HE OR SHE REASONABLY BELIEVES IS NECESSARY TO PREVENT IMMINENT DEATH OR GREAT BODILY HARM TO HIMSELF OR HERSELF OR ANOTHER OR TO PREVENT THE IMMINENT COMMISSION OF A FORCIBLE FELONY, IS LIMITED TO INVOKING A DEFENSE UNDER SECTION 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM CRIMINAL PROSECUTION UNDER SECTIONS 776.012(1) AND 776.032(1), FLORIDA STATUTES (2013), MORE COMMONLY KNOWN AS FLORIDA’S “STAND YOUR GROUND” LAW.

State v. Peraza, 4D16-2675 (Fla. 4th DCA Aug. 30, 2017)

https://edca.4dca.org/DCADocs/2016/2675/162675_DC05_08302017_095639_i.pdf

Broward Co. Judge Usan

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

2DCA: Reverses Child Neglect

Reversing judgment and sentence for neglect of a child causing great bodily harm in violation of section 827.03, Florida Statutes (2012), the defendant’s conduct in allowing a four-year-old child to descend a flight of stairs unassisted—stairs that the child had regularly traversed previously without significant incident—did not rise to the level of culpable negligence or a willful failure to care for the child’s well-being.

Medina v. State, 2D15-654 (Fla. 2d DCA Aug. 30, 2017)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2017/August/August%2030,%202017/2D15-654.pdf

Polk Judge Catherine Combee

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

CA11 EN BANC: Florida Felony Battery is a Crime of Violence

Vacating a prior panel opinion, the Eleventh Circuit en banc held that a conviction for felony battery under Fla. Stat. 784.041 categorically qualifies as a crime of violence under USSG § 2L1.2 because it has as an element the use, attempted use, or threatened use of physical force.

Judges Wilson, Martin, Jordan, Rosenbaum, and Jill Pryor dissented.

USA v. Vail-Bailon, 15-10351 (11th Cir. Aug. 25, 2017)

http://media.ca11.uscourts.gov/opinions/pub/files/201510351.reh.pdf

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

CA11: Improper Sentencing Enhancement for Number of Victims

Reversing a 366-day sentence of imprisonment for theft of mail (18 U.S.C. § 1708), the district court erred in applying a the number-of-victims sentencing enhancement under U.S.S.G. § 2B1.1(b)(2)(A)(i) because the evidence was clear that the offense involved “one specific package.”

USA v. Tejas, 16-16336 (11th Cir. Aug. 23, 2017)

http://media.ca11.uscourts.gov/opinions/pub/files/201616336.pdf

FLSD

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

4DCA: Ineffective Assistance of Appellate Counsel – Failure to Raise Suppression Issue

Appellate counsel’s failure to raise the trial court’s error in denying the defendant’s motion to suppress resulted in manifest injustice, where the appellate court reversed his co-defendant’s conviction on that basis.

Johnson v. State, 4D16-3571 (Fla. 4th DCA Aug. 23, 2017)

https://edca.4dca.org/DCADocs/2016/3571/163571_DC03_08232017_091217_i.pdf

Broward Co.

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com

4DCA: Mid-Trial Amendment to Information Requires Reversal

"Appellant was charged with three counts of lewd or lascivious battery on a child over twelve years old. After the victim testified, the state amended the information, over appellant’s objection, to change one count from oral to digital penetration. Thus, we are asked to determine if the mid-trial amendment constituted prejudice to appellant. We find that in these circumstances, where the amendment changed an “essential element” of the charged crime and was not merely a clarification of some details, the amendment prejudiced appellant and thus we reverse count III. We further find the state’s closing argument improperly asked the jury to determine if the victim was lying as the test for determining appellant’s guilt, but we nevertheless affirm because the issue was not properly preserved."

Simbert v. State, 4D16-1633 (Fla. 4th DCA Aug. 23, 2017)

https://edca.4dca.org/DCADocs/2016/1633/161633_DC08_08232017_085904_i.pdf

Broward Co.

Valarie Linnen, Esq. Criminal, Civil, and Administrative Appeals
Postconviction Relief
PO Box 330339, Atlantic Beach, FL 32233
PO Box 200, Chippewa Lake, MI 49320
888.608.8814
vlinnen@live.com
www.FlaCaseLaw.com