Florida’s 1st District Court of Appeal affirmed the dismissal of charges against a defendant for grand theft, finding that he was entrapped as a matter of law because he simply ‘succumbed to temptation’ and was not predisposed to commit the underlying offense. In Florida, entrapment serves as a “total defense” to criminal charges. If someone successfully argues that they were …

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction of possessing over 25 pounds of marijuana in a vehicle – finding “independent proof” that he knew of the marijuana and exercised dominion and control over it. In Florida, charges of possessing or trafficking in a controlled substance are extremely serious. A possession charge is typically a third-degree felony (punishable …

Florida’s 4th District Court of Appeal found a confidential informant’s conduct in attempting to get the defendant to purchase drugs – as well as law enforcement’s failure to supervise the CI – constituted entrapment as a matter of law. In Florida, entrapment is a well-known defense to criminal charges. Entrapment acts as a “total defense” – meaning that if a …

Florida’s 1st District Court of Appeal ruled that an officer telling a defendant that it “couldn’t hurt him” to waive his right to remain silent and speak with police made the defendant’s waiver of his rights involuntary – requiring reversal of the defendant’s conviction. In Florida and throughout the U.S., Miranda rights are a key constitutional protection designed to prevent …

Florida’s 3rd District Court of Appeal ruled that a potential juror, who once hosted the victim of the murder the defendant was charged with committing at her home, should have been excused for cause. Failure of the judge to excuse the juror required reversal of the defendant’s conviction. In Florida, jury selection (also referred to as voir dire) is a …

Florida’s 5th District Court of Appeal ruled that a defendant was not guilty of aggravated assault as a matter of law on a victim who rolled under a truck to remain invisible to the defendant while the defendant was robbing the victim’s friends. In Florida, aggravated assault (Fla. Stat. 784.021) is a very serious felony offense. Though it is typically …

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for second-degree murder – finding he acted with a “depraved mind” – before elaborating upon what this term actually means. In Florida, second-degree murder and attempted second-degree murder are very serious felonies. For someone to be guilty of second-degree murder, the State must establish all of the following beyond a …

Florida’s 5th District Court of Appeal reversed a defendant’s DUI conviction due to the judge’s failure to excuse a potential juror, who said he would give more credibility to a testifying police officer than any other witness. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. Picking jurors that are impartial (e.g. …

Florida’s 5th District Court of Appeal held that a soccer coach accused of sexual battery and lewd or lascivious molestation on a child was in a ‘position of familial or custodial authority’ for purposes of enhancing his prison sentence. In Florida, someone being in a position of familial or custodial authority to a victim can lead to a significantly lengthier …