The "Cite" of the Crime

OVERVIEW

• 1 case
• 1 published decisions
• 0 unpublished decisions
• 8 miscellaneous cases not discussed on podcast

Case # 1 - United States v. Garçon, No. 19-14650 (11th Cir. Pub. Dec.)(December 6, 2022)- Garcon is an important Safety Valve case discussing what criminal history will disqualify a defendant from Safety Valve consideration. This case further divides the circuits who have split on whether the word "and" really means "and."

Compassionate Release

United States v. Ramirez, No. 21-14295 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. White, No. 22-10027 (11th Cir. Unpub. Dec.)(December 5, 2022)

Reasonableness of the Sentence Cases

United States v. Lopez-Garza, NO. 22-10501 (11th Cir. Unpub. Dec.)(December 7, 2022)

Misc.

United States v. Oduardo-Suarez, No. 22-10394 (11th Cir. Unpub. Dec.)(December 7, 2022)United States v. Beck, No. 21-14298 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. Brannon, No. 22-11029 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. Brown, No. 22-10624 (11th Cir. Unpub. Dec.)(December 5, 2022)

United States v. Paige, No. 21-13920 (11th Cir. Unpub. Dec.)(December 6, 2022)

OVERVIEW - 7

• 0 - Florida Supreme Court Cases
• 3 - First DCA Cases
• 3 - Second DCA Cases
• 0 - Third DCA Cases
• 1 - Fourth DCA Cases
• 0 - Fifth DCA Cases

Case #1 - Luster v. State, No. 1D21-2902 (Fla. 1st DCA)(December 7, 2022) - 1:15

• Luster is a Burglary of a Dwelling case out of Leon County.

Case #2 - State v. McLaney, No. 1D22-261 (Fla. 1st DCA)(December 6, 2022) - 3:09

• McLaney is a downward departure case out of Walton County.

Case #3 - Williams v. State, No. 1D22-1642 (Fla. 1st DCA)(December 8, 2022) - 6:48

• Williams is a 3.850 “comment on a defendant’s right to remain silent” case out of Nassau County.

Case #4 - Cabrera v. State, No. 2D22-1378 (Fla. 2nd DCA)(December 7, 2022) - 9:12

• Cabrera is a 3.800(a) motion to correct illegal sentence case out of Manatee County involving 10-20-Life.

Case #5 - Roberts v. State, No. 2D21-2139 (Fla. 2nd DCA)(December 7, 2022) - 11:16

• Roberts is a waiver of a jury trial case out of Hillsborough County.

Case #6 - Rubright v. State, No. 2D22-2008 (Fla. 2nd DCA)(December 7, 2022) - 12:53

• Rubright is a 3.850 case out of Pinellas County involving failure to instruct the client on PRR consequences resulting in rejection of a plea offer.

Case #7 - Wagner v. State, No. 4D21-3387 (Fla. 4th DCA)(December 7, 2022) 16:26

• Wagner is a fellow officer rule, lawfulness of the DUI stop case out of Broward County.

EPISODE: #17: Florida Case Law Update (October 10, 2022 - October 15, 2022)

OVERVIEW - 10 Cases

• 1 - Florida Supreme Court Cases
• 4- First DCA Cases
• 1 - Second DCA Cases
• 2 - Third DCA Cases
• 0 - Fourth DCA Cases
• 2 - Fifth DCA Cases

Case #1 - Statler v. State, No. SC21-119 (Fla. Sup. Ct.)(October 14, 2022) - 1:04

• Statler is a case about the constitutionality of §794.011(5)(b) Sexual Battery and whether Sexual Battery requires the State to prove that the Defendant knew or should have known that the victim did not consent.

Case #2 - Atwood v. State, No. 1D21-2605 (Fla. 1st DCA)(October 12, 2022) - 7:50

• Atwood is a traffic stop search and seizure case out of Escambia County.

Case #3 - Jack v. State, No. 1D21-1494 (Fla. 1st DCA)(October 12, 2022) - 13:40

• Jack is a second degree murder lack of preservation of error case out of Bay County.

Case #4 - State v. Green, No. 1D21-1808 (Fla. 1st DCA)(October 12, 2022) - 16:05

• Green is a warrantless search of a probationer’s residence case out of Gulf County where evidence seized pursuant to a search warrant was used to charge a non-probationer resident of the house.

Case #5 - Williams v. State, No. 1D22-123 (Fla. 1st DCA)(October 12, 2022) - 22:15

• Williams is a Statute of Limitations in a Sexual Battery case out of Duval County. e for testing by the accused.

Case #6 - Battles v. State, No. 2D22-765 (Fla. 2nd DCA)(October 14, 2022) - 26:49

• Battles is a 3.800(a) motion to correct illegal sentence case out of Polk County.

Case #7 - Alcazar v. State, No. 3D22-1669 (Fla. 3rd DCA)(October 12, 2022) - 28:00

• Alcazar is a pretrial detention case.

Case #8 - Mendoza v. State, No. 3D21-1522 (Fla. 3rd DCA)(October 12, 2022) - 32:25

• Mendoza is a failure to complete a sex offender program because of purported inability to pay probation violation case.

Case #9 - Roberts v. State, No. 5D21-2537 (Fla. 5th DCA)(October 14, 2022) - 36:26

• Roberts is a discovery violation and motion for new trial case out of Marion County.

Case #10 - State v. Woodson, No. 5D21-2251 (Fla. 5th DCA)(October 14, 2022) - 39:28

• Woodson is a Stand your ground case out of Osceola County.

Written Summaries here.

OVERVIEW

• 10 cases
• 0 published decisions
• 10 unpublished decisions

Case #1 - US v. Archible - 1:19

• Archible is a retaliation against a federal judge case.

Case #2 - US v. Berry - 6:09

• Berry is a suppression of evidence case.

Case #3 - US v. Clark - 8:34

• Clark is an appeal waiver case.

Case #4 - US v. Hammock - 11:57

• Hammock is a §2422(b) attempting to persuade a child to engage in unlawful sexual conduct and §2251 attempting to exploit a minor for the production of child pornography case.

Case #5 - US v. Hardy; Simmons - 14:39

• Hardy & Simmons is a resentencing case on a Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence.

Case #6 - US v. Lynch - 22:02

• Lynch is a loss amount determination case.

Case #7 - US v. Morrow - 23:11

• Morrow is another loss amount calculation case.

Case #8 - US v. Sharpe - 25:46

• Sharpe is a government breach of plea agreement case.

Case #9 - US v. Truley - 29:00

• Truley is a removal of a defendant from the courtroom case.

Case #10 - US v. Wimbley 33:25

• Wimbley is a violation of supervised release case involving §3583(h).

Cases not discussed:
US v. Adeniran US v. Coleman US v. Dixon US v. Garcia US v. Hamilton Jr. US v. Jean, Jr. US v. Odom US v. Okang US v. Reed US v. Tealdi US v. Valdez

OVERVIEW

• 10 cases
• 1 published decisions
• 9 unpublished decisions

Case #1 - United States v. Jackson, No. 19-11955 (11th Cir. Pub. Dec.)(February 3, 2023)Case # 2 - United States v. Aurelian, No. 21-12995 (11th Cir. Unpub. Dec.)(February 2, 2023)Case #3 - United States v. Crook, No. 22-10942 (11th Cir. Unpub. Dec.)(February 2, 2023)Case #4 - United States v. German, No. 22-11811 (11th Cir. Unpub. Dec.)(February 2, 2023)Case #5 - United States v. Gosney, Jr., No. 22-12049 (11th Cir. Unpub. Dec.)(February 1, 2023)Case #6 - United States v. Grow, No. 21-12268 (11th Cir. Unpub. Dec.)(February 2, 2023)Case #7 - United States v. Howard, No. 21-11101 (11th Cir. Unpub. Dec.)(January 30, 2023)Case #8 - United States v. Moore, No. 21-14210 (11th Cir. Unpub. Dec.)(February 1, 2023)Case #9 - United States v. Perez, No. 21-14469 (11th Cir. Unpub. Dec.)(February 2, 2023)Case #10 - United States v. Wells, No. 22-13103 (11th Cir. Unpub. Dec.)(February 1, 2023)