Florida’s 5th District Court of Appeal held that a juvenile raising a chair above her head as if to hit a “laughing” victim with it, before she was restrained, was aggravated assault with a deadly weapon. In Florida, aggravated assault is a very serious felony offense. Though it is usually a third-degree felony (up to 5 years in prison and …

Florida’s 4th District Court of Appeal reversed a defendant’s conviction stemming from a drug sale to a police officer because the judge misinformed the jury about the burden of proof when arguing entrapment. In Florida, entrapment is a well-known criminal defense. Broadly, entrapment is said to occur when law enforcement induces someone to commit a crime that they would not …

Florida’s 4th District Court of Appeal reversed a defendant’s conviction for second-degree murder, finding that he did have a “depraved mind” necessary to be guilty of the act when it occurred.  In Florida, second-degree murder and attempted second-degree murder are very serious felony offenses. For someone to be guilty of second-degree murder, the State must prove all of the following …

Florida’s 5th District Court of Appeal ruled that a bag full of cocaine and marijuana found three feet away from both the defendant and another person could not be tied to the defendant in the absence of independent evidence that the drugs belonged to him. In Florida, possession of cocaine and other drugs is prosecuted very seriously. Possession of controlled …

Florida’s 4th District Court of Appeal ruled that a defendant was entrapped because police induced him to participate in a ‘loansharking’ operation that was entirely government-created, and the defendant had no predisposition to do so. In Florida, entrapment is a well-known (but often misunderstood) criminal defense. Entrapment occurs when law enforcement (or other government agents) impermissibly induce a defendant to …

Florida’s 2nd District Court of Appeal ruled that a juror who was a victim of domestic battery should have been excused “for cause” in a prosecution for that same offense, and that failure to do so required reversal of the defendant’s conviction.   In Florida, jury selection (voir dire) is a critical part of any criminal trial in Florida. Picking the …

Florida’s 1st District Court of Appeal reversed a juvenile’s adjudication of delinquency for felony criminal mischief, finding that the testimony to support a finding of over $1,000 in damage was inadmissible hearsay. In Florida, criminal mischief is a very serious criminal offense. Depending on the extent of the damage allegedly caused to property willfully and maliciously by the defendant, they …

Florida’s 2nd District Court of Appeal reversed a guilty verdict against a defendant after the trial judge wrongly denied the defense’s attempt to strike “for cause” a juror who said they would believe a defendant that did not testify was guilty. In Florida, jury selection (commonly referred to as voir dire) is a critical part of any criminal trial. Jury …

Florida’s 1st District Court of Appeal found that a defendant was not guilty of constructively possessing ammunition in a bag that was in plain view – but closer to where his front seat passenger was sitting than he was – when neither confessed to owning the ammunition.   In Florida, actual possession and constructive possession are two “theories” the State …