1DCA: Open View Doctrine in a Hospital

"Under the open view doctrine, the seizure of the bag of clothing [taken from the foot of a hospital bed] was justified because, even though there was a meaningful interference with [the defendant’s] possessory right, there was probable cause to associate the bloody clothes with criminal activity."

Purifoy v. State, 1D14-4007 (Fla. 1st DCA May 25, 2017)

https://edca.1dca.org/DCADocs/2014/4007/144007_DC05_05252017_085623_i.pdf

Escambia Co.

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

FSC: Intellectual Disability Not a Necessary Finding of Fact for the Jury to Impose Death Sentence

"It is clear that the Florida Legislature designated the trial judge, not the jury, as the factfinder for intellectual disability determinations. Intellectual disability is not a “necessary finding[] to impose a death sentence’ but is, rather, the opposite— a fact that bars death. Hurst, 202 So. 3d at 67. Therefore, nothing from the United States Supreme Court’s decisions in Ring, Atkins, Hall, or Hurst v. Florida, compel a conclusion either way on the issue of whether a judge or jury must determine that a criminal defendant is intellectually disabled. Rather, the United States Supreme Court explicitly left the implementation of Atkins to the states. Thus, Oats has not demonstrated that Florida’s Atkins procedure, as set forth in section 921.137, is unconstitutional. Accordingly, Oats is not entitled to relief on this claim."

Oats v. State, SC17-68 (Fla. May 25, 2017)

http://www.floridasupremecourt.org/decisions/2017/sc17-68.pdf

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

FSC: Unstriking a Juror

"We agree with the Fourth District that the trial court did not abuse its discretion in denying Petitioner Moses McCray’s request to ‘unstrike’ a juror under the circumstances presented. However, we disapprove the Fourth District’s decision to the extent that it endorses a blanket rule prohibiting the withdrawal of a peremptory challenge after a party has exhausted its peremptory challenges. As we explain, McIntosh demonstrates that the withdrawal of a peremptory challenge when a party has already exhausted its peremptory challenges could be warranted by unusual or extenuating circumstances. We emphasize, however, that even though a party may exercise an unused peremptory challenge at any time before the jury is sworn and a trial court has discretion to grant additional peremptory challenges, the party does not have a ‘right’ to ‘unstrike’ a juror."

McCray v. State, SC16-1235 (Fla. May 25, 2017)

http://www.floridasupremecourt.org/decisions/2017/sc16-1235.pdf

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

4DCA: Revocation of Bail for VOP Statute FS 903.0351(1)(b)

"The court erred as a matter of law when it found section 903.0351(1)(b) unconstitutional and unenforceable. Because there is no constitutional right to bail pending a violation of probation hearing, there can be no constitutional infirmity in not providing a procedure for seeking bail. Similarly, the failure to explicitly state that arrests pursuant to the statute be lawful and with probable cause does not render the statute unconstitutional as every statutory authorization of arrest implicitly requires the arrest be lawful and with probable cause."

State v. Lawrence, 4D16-3693 (Fla. 4th DCA May 24, 2017)

https://edca.4dca.org/DCADocs/2016/3693/163693_DC03_05242017_093033_i.pdf

Broward Co.

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

4DCA: Resentencing is a De Novo Proceeding

A trial court errs by treating resentencing as a ministerial proceeding and denying the defendant the opportunity to present mitigation, allocution, or argument before determination of sentence.

Davis v. State, 4D16-0528 (Fla. 4th DCA May 24, 2017)

https://edca.4dca.org/DCADocs/2016/0528/160528_DC13_05242017_090127_i.pdf

Broward Co.

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

4DCA: No Reasonable Suspicion to Stop

Where an officer responds to a call of a suspicious vehicle but hears noises in a nearby park, the officer lacks reasonable suspicion to order the child to stop and conduct a patdown search.

N.S. v. State, 4D16-0514 (Fla. 4th DCA May 24, 2017)

https://edca.4dca.org/DCADocs/2016/0514/160514_DC13_05242017_084528_i.pdf

Broward Co.

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

2DCA: Wiling Participant for Downward Departure Sentence

"Against the backdrop of this legislative mandate, we can find no Florida precedent to support the proposition that a victim of a grand theft can be a ‘willing participant’ in the stealing of his own property." (Downward departure sentence vacated and remanded for resentencing.)

State v Imber, 2D16-2113 (Fla. 2d DCA May 17, 2017)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2017/May/May%2017,%202017/2D16-2113.pdf

Polk Co.

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