expectations
©
appellate
raising
Follow Us
National Federal & Florida representation. Global clientele.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Your contact with this firm reflects your understanding and agreement with these statements.
Recommendations or testimonials are not necessarily representative of results obtained, or all clients’ experiences with the lawyer. Facts and circumstances may differ from the matter(s) in which the results or recommendations are provided. Decisions about any lawyer are important and should not be based solely upon what is stated in a social networking site, website or blog. Your contact with this firm reflects your understanding and agreement with these statements.
© 2007-12 Easley Appellate Practice, P.L.L.C. (Since 1994) All rights reserved.
4000 Ponce de León Blvd., Suite 470, Miami, Florida 33146
(800) 216-6185 (305) 444-1599 [email protected]
Criminal law -- Lewd or lascivious molestation -- Evidence -- Hearsay -- Error to admit testimony of victim's mother as to what victim told her about incident -- Evidence was not admissible under excited utterance exception to hearsay rule because victim had time to reflect upon events before making statements to her mother -- Where victim had at least 45 minutes to reflect before making statements, state did not meet burden of showing that exception to hearsay rule applied -- State's contentions that testimony was admissible as prior consistent statement and under common law doctrine of “first complaint” were improperly raised for first time on appeal, and were not supported by record -- Error in admitting evidence was not harmless because defendant's conviction was premised on credibility of victim, and mother's testimony had effect of improperly bolstering victim's testimony
Reported at 32 Fla. L. Weekly D2285a
Criminal law -- False report of child abuse -- Error to dismiss information on ground that Department of Children and Family Services had revealed defendant's identity in violation of her statutory right to confidentiality -- Where defendant, a Florida Highway Patrol trooper, had contacted abuse hotline and referenced a traffic stop in which she issued mother a citation for speeding, DCF investigator did not unlawfully disclose defendant's identity when he inquired of mother regarding events surrounding the traffic stop, although the mother was able to ascertain the identity of defendant as the person who reported the abuse as a result of the inquiry
Reported at 32 Fla. L. Weekly D2283a
Criminal law -- Manslaughter with firearm -- Inconsistent verdicts -- Guilty verdict for manslaughter with a firearm as lesser included offense of first degree felony murder was not legally inconsistent with acquittal on felony murder's underlying charge, carjacking with a firearm -- Evidence in case would have been sufficient to support second degree murder conviction of defendant even if jury concluded that he had no intent to participate in theft of car -- Having sufficient evidence to convict defendant of second degree murder, jury could then have permissibly exercised its pardon power by acquitting him of second degree murder and convicting him of lesser offense of manslaughter with a firearm
Reported at 32 Fla. L. Weekly D2281b
Criminal law -- Aggravated battery with deadly weapon -- Jury instructions -- Self-defense -- Error to instruct jury that use of force likely to cause death or great bodily harm was not justifiable if defendant was attempting to commit, committing, or escaping after commission of aggravated battery -- Giving of instruction on forcible felony exception to self-defense constitutes fundamental error reviewable on appeal in the absence of an objection in trial court where defendant is charged with only one crime -- Question certified: Does fundamental error occur when an erroneous jury instruction relates only to an affirmative defense and not to an essential element of the crime?
Reported at 32 Fla. L. Weekly D2277b
Criminal law -- Juveniles -- Search and seizure -- Where officer drove up beside juvenile in marked car and asked to speak to him, juvenile walked over to officer's car and appeared upset and sweating, officer asked juvenile what he was doing in area and juvenile responded that he was going to catch a bus, and officer exited his vehicle and asked juvenile if he could pat him down, there was a consensual encounter -- Consensual encounter did not change into an investigatory stop upon officer asking juvenile for consent to conduct pat down -- Trial court properly denied motion to suppress marijuana seized from juvenile's person when officer arrested juvenile after juvenile stated that “I have weed on me,” in response to officer's request for consent to conduct pat down,
Reported at 32 Fla. L. Weekly D2258a
Criminal law -- Lewd or lascivious conduct -- Age of defendant is an element of the offense of lewd or lascivious conduct under section 800.04(6), Florida Statutes (2001), and must be alleged in indictment or information, proven at trial, and found by jury -- However, defendant waived issue by failing to object to instruction allowing jury to find that defendant was under eighteen when he committed the offense -- Accordingly, district court properly affirmed defendant's conviction and sentence
Reported at 32 Fla. L. Weekly S559a
Criminal law -- Burglary of dwelling -- Defendant is entitled to judgment of acquittal where state failed to rebut defendant's affirmative defense of consent as to burglary -- State presented no evidence, direct or circumstantial, to rebut defendant's testimony that burglary victim's fiancé gave defendant consent to enter the apartment
Reported at 32 Fla. L. Weekly D2241a
Criminal law -- Robbery -- Assault -- Evidence -- Statements of defendant -- Request for contact number as part of booking process for purpose of filling out standard, computerized booking form falls within “routine booking question” exception to Miranda where booking officer did not specify type of number sought and there was no evidence that, at the time defendant was booked, police had made any determination regarding ownership of two cell phones found in getaway car -- Sentencing -- Habitual offender -- Thirty-year habitual felony offender sentence was not vindictive because sentence was greater than sentence to be imposed under pre-trial plea deal offered by state or because sentence was harsher than sentence imposed upon codefendants where trial court was not involved with and did not comment upon state's plea offer and codefendants were not similarly situated -- Mere fact that sentence imposed following trial was greater than that previously offered by state as part of plea is insufficient to establish vindictive sentencing -- Sentences imposed on codefendants cannot be relied upon to demonstrate vindictiveness where one codefendant was sentenced as result of negotiated plea and the other did not qualify for habitual felony offender sentencing -- Trial judge, in imposing defendant's sentence, did not impermissibly rely upon conduct for which defendant had been acquitted by making statement that court “had not had the opportunity to hear the testimony of the victims who were held by these three codefendants with guns pointed to their heads,” where judge did not state that defendant held a gun to victims, judge observed only that, during this offense, victims were held by three men with guns pointed at victims' heads, and there was evidence at trial that guns were involved in, and aggravated, the commission of the offense
Reported at 32 Fla. L. Weekly D2239c
Criminal law -- Sentencing -- Prison Releasee Reoffender Act -- Release date from prison -- Evidence -- Hearsay -- Trial court properly found that Department of Corrections document signed by records management analyst was admissible to prove that defendant committed burglary within 3 years after being released from prison and was therefore qualified for sentencing as prison releasee reoffender -- Document was admissible under public records exception to hearsay rule -- Question certified: Whether a certification of a defendant's release date by the Department of Corrections is admissible in sentencing proceedings under the hearsay exception for public records and reports under subsection 90.803(8), Florida Statutes?
Reported at 32 Fla. L. Weekly D2229a
Criminal law -- Search and seizure -- Investigatory stop -- Officer initiated investigatory stop, rather than consensual encounter, when he activated his emergency lights in order to detain defendant and his companion -- Moreover, officer explicitly testified that from the moment he activated emergency lights, defendant and his companion were not free to leave -- Officer did not have reasonable suspicion sufficient to justify investigatory stop based on his having observed defendant and his companion running from wooded area onto street at 11:30 a.m. in residential neighborhood and defendant placing an item into his pants and covering it with his shirt as he ran -- Error to deny dispositive motion to suppress -- Defendant, who entered nolo contendere plea, is entitled to discharge
Reported at 32 Fla. L. Weekly D2223a
Criminal law -- Burglary of dwelling -- Evidence -- Hearsay -- Confrontation of witnesses -- Pawn shop transaction form detailing transaction in which defendant pawned weed whacker allegedly stolen in burglary was non-testimonial evidence, and was admissible as an ordinary business record
Reported at 32 Fla. L. Weekly D2196a
Criminal law -- Murder -- Claim that trial court erred by limiting scope of expert testimony regarding insanity defense is barred by law of the case where prior decision held that Frye hearing was necessary and ordered trial court to conduct one -- Further, trial court properly prohibited defense experts from testifying about new and novel scientific principles that were not generally accepted in scientific community -- Court did not abuse discretion in denying motion to exclude state expert who had assisted state during deposition of one of defense experts -- Court did not err in denying defendant's proposed jury instructions on involuntary intoxication and excusable homicide -- Defendant failed to show that instructions given did not adequately cover her defenses or that her proposed instructions accurately stated the law
Reported at 32 Fla. L. Weekly D2192a
Criminal law -- Search and seizure -- Vehicle -- Detection by police officer of odor of burnt cannabis emanating from vehicle constitutes probable cause to search all occupants of vehicle -- Error to deny motion to suppress where, during lawful traffic stop, officers standing next to stopped vehicle recognized, based upon their training and experience, the “strong odor” of burnt cannabis emanating from lowered passenger-side window -- Case distinguished from those which hold that law enforcement officers did not have probable cause to search the person of an occupant of vehicle based solely on trained police dog's alert to vehicle
Reported at 32 Fla. L. Weekly D2188a
