District Court Appeals - from Circuit Courts

(Circuit Courts handle: Felonies & Termination of Parental Rights cases)

1st DCA

Moore v. State, direct appeal of denial of Motion to Suppress Physical Evidence, defendant was seated in his car, eating.  Argued no basis to detain and interrogate. 1D97-3135, 725 So.2d 1114 (1st DCA 1998) affirmed.

 

McNair v. State, Petition for Writ of Prohibition based on alleged speedy trial violation, 1D98-415, 705 So.2d 712 (1st DCA 1998) denied. 

 

Brown v. State, Petition for Writ of Certiorari claiming that Circuit Court wrongly denied Motion to Dismiss where Mr. Brown was accused of Disorderly Conduct for behavior that happened inside the jail's 'booking' area. - argued not a 'public' place and that the police invited the conduct.  1D99-58, denied.

2nd DCA
 

Cordero-Roman v. State, Direct Appeal of a denial of Motion to Suppress Statements where police asked the defendant incriminating questions such as "How many plants are inside?" before reading Miranda warning. 2D08-2069, affirmed.

 

Burtscher v. State, won this Petition for Writ of Habeas Corpus, argued that the bond was excessively high & the 2nd DCA agreed. 2D09-5041, granted.

 

Burtscher v. State II, won this Petition for Writ of Prohibition where it was argued that the trial court erred in refusing to recuse itself - the 2nd DCA agreed. 2D09-5128, granted.

 

Bennett v. State, Direct Appeal of trial verdict, represented veteran police officer convicted of sexual battery upon two confidential informants. 2D11-3176, affirmed.

 

Bennett v. State II, Direct Appeal of denial of 3.850 Motion for Post-Conviction Relief, alleging trial lawyer was ineffective for failing to sever two, unrelated sex abuse charges before the same jury. 2D15-2647, affirmed.

 

4th DCA

 
Gonzalez v. State, direct appeal of trial verdict.  The 4th DCA issued a written opinion affirming the lower court's decision. 4D05-3684;  948 So.2d 877 (4th DCA 2007) affirmed.

 

C.J. v. Dept. of Children & Families, won this direct appeal of finding of dependency where DCF tried to take kids based on claim that father was fighting with mother in front of kids.  The 4th DCA reversed with a written opinion holding that hearsay should not have been allowed into trial.  4D07-1496, 968 So.2d 121 reversed.

 

Bouie v. State, won this direct appeal of trial verdict, vacating the 50-year prison sentence.  In a written opinion, the 4th DCA held that trial court should not have allowed testimony of unrelated allegations and should not have allowed testimony about a gun as defendant was not charged with a gun offense, 4D06-2585, 988 So.2d 727 (4th DCA 2008) reversed.

Burnett v. State, direct appeal of trial verdict, main claim was that defendant's request to represent himself should have been ruled on timely. 4D07-2154, affirmed.

 

State v. Sarria, Defendants won the Motion to Suppress Statements at the trial level in a felony possession of cannabis case, and the State appealed the trial court’s ruling. Won this appeal - the 4th DCA did not agree with the State’s arguments. 4D11-2474, State's appeal Denied.

 

Joshua v. State, Petition for Writ of Prohibition, arguing that the trial court should have granted the defendant’s motion for recusal, 4D13-2675, denied.

 

"K" v. State, Petition for Writ of Prohibition, arguing that trial judge erred in denying motion to dismiss Grand Theft charge where allegation was defendant failed to return salary overpaid by mistake, 4D13-1024, denied.

 

Pereyra v. State, won this Petition for Writ of Habeas Corpus, arguing that the trial court erred in denying the defendant a bond after an Arthur Hearing, 4D15-0378, reversed.

 

Rojas-Paz v. State, won this Petition for Writ of Habeas Corpus, arguing that trial court erred in refusing to reduce the $800,000 bond in a 2nd Degree felony case.  4D15-2395, reversed. 

 

Henson v. State, a pro bono representation in a direct appeal of trial court's denial of Motion to Dismiss based on a lack of jurisdiction, 4D15-2081, affirmed.

 

J.K. v. Dept. of Children & Families,  direct appeal of Order terminating parental rights.  4th DCA agreed in a written opinion that, because there was "no clear and convincing evidence that J.K. refused or failed to complete available treatment during the three-year period immediately preceding the filing of the petition", but affirmed termination on other grounds.  4D17-1381; 231 So.3d 595  reversed in part.

 

J.T. v. Dept. of Children & Families, direct appeal of Order terminating parental rights, where father had shot the mother several times in the presence of the minor children.  4D17-2484, affirmed.

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J.W. v. Dept. of Children & Families, direct appeal of Order terminating parental rights, where the father was unable to prove he had stable income to care for all of his children.  4D18-0620, affirmed.

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R.S. v. Dept. of Children & Families, direct appeal of Order terminating parental rights, where a default had been entered because the parent was late to court.  4D18-0011, affirmed.

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Estimar v. State, Petition for Writ of Prohibition in a 2nd Degree Murder case, arguing that the trial court erred in denying the "Stand Your Ground" motion, where evidence showed the victim first took a swing at the defendant. 4D18-2324, affirmed.

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A.A. v. Dept. of Children & Families, direct appeal of Order terminating parental rights, 4D18-2099, affirmed.

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O.M. v. Dept. of Children & Families, direct appeal of Order terminating parental rights of mother who refused to submit to drug testing.  4D18-2842, affirmed.

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Watson v. State, Direct appeal, arguing it was improper to include prior offenses from the 1970s on felony scoresheet as more than 10 years had elapsed since the sentences on those offenses had ended.  4D18-2588, denied.

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J.S. v. Dept. of Children & Families, direct appeal of Order terminating parental rights, where parent was sentenced to life in prison but had not yet exhausted his post-conviction relief time period, and had a strong bond with his two sons. 4D18-3493, affirmed.

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C.B. v. Dept. of Children & Families, direct appeal of Order adjudicating children 'dependent' where evidence failed to show father had 'abused, abandoned or neglected' his kids. 4D21-1589, affirmed.

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J.S. v. Dept. of Children & Families, direct appeal of Order terminating parental rights where evidence could not conclusively establish that the father had abused his child.  4D19-1829, affirmed.

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M.P. v. Dept. of Children & Families, direct appeal of Order terminating parental rights where evidence only showed that eh mother had violated a court order by allowing her teenage daughter to see her father.  Father had previously abused the teen.  4D21-1127, affirmed.

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R.R. v. Dept. of Children & Families, direct appeal of Order terminating parental rights where evidence showed the children
had been in foster care for many years and were not likely to be adopted, and where R.R. had been raising the children for most of their lives. 4D19-2482, affirmed.

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M.W. v. Dept. of Children & Families, direct appeal of Order terminating parental rights where trial evidence established
that M.W. had maintained some level of contact with his children, and where the Department had conceded that M.W. was providing for the children, and was close to completing his Case Plan tasks. 4D22-1855, affirmed.

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S.J. v. Dept. of Children & Families, direct appeal of a Default Final Judgment terminating father's parental rights where jail did not transport father over for his trial - claiming the father 'refused' to be transported, but where father denies that claim. 4D22-2878, pending.

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Circuit Court Appeals (from misdemeanor to circuit court)

 

Escambia County

 

Johnson v. State,
98-2369CFA, won this direct appeal of probation violation where affidavit was given to Sheriff after the term of supervision had expired, per St. v. Boyd. reversed.

 

Walker v. State,
98-2129CFA, complex appeal related to a bad check. affirmed.

 

Crossley v. State,
98-4674, won this direct appeal of finding of probation violation where affidavit was given to Sheriff after the term of supervision had expired, per St. v. Boyd. reversed.

 

Angelo v. State, 98-2119, petition for Writ of Prohibition, arguing a violation of the defendant’s speedy trial rights. denied.

 

Seminole County

 

 

Allen v. Sheriff Eslinger, 01-713MM, won this Emergency Petition for Writ of Habeas Corpus where man was sentenced to 29 days in jail by Judge Sloop for "not finding enough business cards of lawyers over the weekend". granted (Mr. Allen released after two days in custody), reversed.  Orlando Sentinel Story here: http://articles.orlandosentinel.com/2001-02-15/news/0102150274_1_sloop-allen-business-cards

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Orange County

 

 

Gamble v. State, CJAP 00-30, This appeal attacked the constitutionality of Orlando’s “prostitution mapping zone”. Although the conviction was affirmed, the “prostitution mapping zone” was declared “unconstitutional” by the appellate court - agreeing that 'the zone' violated basic 1st Amendment freedoms.  reversed in part.

 

 

Broward County

 
 

Morgan v. Jenne, 01-5373-MM, Petition for Writ of Habeas Corpus in a domestic violence case, arguing the trial court set an excessively high bond, denied.

 

O’Brien v. State, 07-93AC10A, won this direct appeal of denial of Motion to Dismiss where DUI had occurred 18 years earlier and Judge Ireland refused to follow the Statute of Limitations - reversed.

 

Watson v. Lee, Emergency Petition for Writ of Prohibition arguing an alleged violation of the speedy trial rule, 01-13927 CACE18, denied.
 

Patnaude v. State, 14-86AC10A, wrote the brief on the direct appeal from a County Court decision which had denied the defendant’s motion to vacate plea.  Arguing that the two-year limitation does not apply to this 1995 conviction because the DHSMV advised the defendant back then his license was fine and waited until 2013 to suspend it. affirmed.

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