1DCA: Certifies Question About Preservation of Error in Jury Selection

Certified as a question of great public importance:

HAS A DEFENDANT WHO ACCEPTS A JURY, BUT RENEWED A PREVIOUSLY-RAISED OBJECTION TO A STATE PEREMPTORY CHALLENGE AFTER THE CHALLENGED JUROR HAS BEEN EXCUSED BUT BEFORE THE JURY IS SWORN, WAIVED THAT OBJECTION?

Ivey v. State, 1D15-5803 (Fla. 1st DCA Feb. 20, 2018)

https://edca.1dca.org/DCADocs/2015/5803/155803_1289_02202018_08541785_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

4DCA: High Speed or Wanton Fleeing

The mere fact that the Defendant “weaved,” without more, is insufficient to show a conscious and intentional indifference to consequences in order to sustain a conviction for high speed or wanton fleeing pursuant to F.S. 316.1935(3)(a) (2016).

Canidate v. State, 4D16-4162 (Fla. 4th DCA Feb. 14, 2018)

https://edca.4dca.org/DCADocs/2016/4162/164162_1709_02142018_10012159_i.pdf

Martin 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: Error to Instruct Jury on VICTIM’S Right to Self-Defense

A trial court abuses its discretion by instructing the jury on the victim’s right to self defense. "Here, the modified jury instruction on [the victim’s] right to use non-deadly force was misleading and confusing, because it improperly shifted the focus of the case from appellant’s claim of self-defense to the issue of [the victim’s] right to use force. Because [the victim] was not charged with any offense, the question of whether [the victim] was legally justified in using force against appellant was not at issue in this case."

Stickney v. State, 4D16-1803 (Fla. 4th DCA Feb. 14, 2018)

https://edca.4dca.org/DCADocs/2016/1803/161803_1709_02142018_09460843_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: Downward Departure Sentence

A trial court reversibly errs by not stating it was departing, not orally articulating reasons for doing so, and failing to enter a written order memorializing the reasons for a downward departure sentence.

State v. Schultz, 4D16-227 (Fla. 4th DCA Feb. 14, 2018)

https://edca.4dca.org/DCADocs/2016/0227/160227_1708_02142018_09402480_i.pdf

Palm Beach 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: Preemptory Strike for Jehovah’s Witness

"Here, the juror was not questioned about her religious views until after the state made its preemptory strike, thus calling its genuineness into question. Moreover, even after questioning the prospective juror about her religion, there was a complete lack of evidence that her religion would influence her decision-making as a juror. In fact, the juror unequivocally stated she would follow the evidentiary standard beyond a reasonable doubt and none of her responses during voir dire gave any reason to doubt this statement.

Further, after the trial court determined that being a Jehovah’s Witness was a race-neutral reason to strike the juror from the panel and that she wavered on sentencing, the court opined that ‘a Jehovah Witness, that as a religion, it would almost be malpractice for a prosecutor to let someone on the jury like that.’ These statements support the argument that it was not the juror’s answers, but rather her mere religious affiliation, that caused her to be struck from the panel.

Even if the state’s strike were ‘genuinely’ based on the juror’s religion, members of a religion that is a cognizable class are also protected under the United States and Florida Constitutions from being systematically struck from juries solely based on their faith. Appellant has a right to a fair and impartial jury panel where the state does not exclude members of a religion in the absence of competent substantial evidence that the potential juror cannot be fair and impartial due to her views related to her membership in that religion. "

Pacchiana v. State, 4D15-3340 (Fla. 4th DCA Feb. 14, 2018)

https://edca.4dca.org/DCADocs/2015/3340/153340_1709_02142018_09300913_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

2DCA: Nebbia Hold Unconstitutional

Under the Florida constitution, state courts lack authority to detain accuseds for the purpose of inquiring into the source of funds used to post bail as any such inquiry "is for the purpose of ascertaining whether the bail set is sufficient to secure the defendant’s appearance, not to deny him pretrial release."

Casiano v. State, 2D17-4150 (Fla. 2d DCA Feb. 14, 2018)

https://edca.2dca.org/DCADocs/2017/4150/174150_167_02142018_08372182_i.pdf

Lee 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

2DCA: TC Abuses Discretion by Dismissing Charges

Because the decision whether to prosecute or to dismiss the charges is vested solely in the State, a trial court abuses its discretion in dismissing a marijuana charge against a juvenile over the State’s objections based on its perspective of the most suitable way to address the juvenile’s circumstances.

State v. A.J., 2D15-2718 (Fla. 2d DCA Feb. 14, 2018)

https://edca.2dca.org/DCADocs/2015/2718/152718_39_02142018_08185663_i.pdf

Hillsborough 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