EPISODE #3: Florida Case Law Update (8/22/22 - 8/26/22)
OVERVIEW - 10 Cases
Case #1 -Conage v. USA, No. SC20-1441 (Fla. Sup. Ct.)(August 25, 2022)
Conage answered a certified question from the 11th Circuit asking whether a defendant is guilty of Trafficking as a "purchaser" of a trafficking amount of controlled substances if the defendant makes payment but does not yet possess the controlled substance.
Case #2 - State v. Garcia, No. SC19-1870 (Fla. Sup. Ct.)(August 25, 2022)
Garcia involves the issue whether a trial court can consider a defendant's misconduct while out on bond for sentencing purposes.
Case #3 - Fryson v. State, No. 1D21-2285 (Fla. 1st DCA)(August 24, 2022)
Fryson is a 3.850 ineffective assistance of counsel case.
Case #4 - Hudson v. State, No. 1D21-99 (Fla. 1st DCA)(August 24, 2022)
Hudson is a DUI custodial interrogation case.
Case #5 - Kirkpatrick v. State, No. 1D21-683 (Fla. 1st DCA)(August 24, 2022)
Kirkpatrick is a 3.850 case addressing whether trial counsel was ineffective for failing to advise him he could be impeached upon testifying, failing to hire a crime scene reconstruction expert and psychological expert, and failing to make a sufficient motion for judgment of acquittal, and failing to object to closing argument statements.
Case #6 - State v. Hardley, No. 1D19-1515 (Fla. 1st DCA)(August 24, 2022)
Hardley is a case involving Florida's incest statute and whether victim sexual penetration points can be assessed.
Case #7 - J.B.E.C. v. State, No. 2D21-374 (Fla. 2nd DCA)(August 24, 2022)
J.B.E.C. is a juvenile case addressing restitution for lost income.
Case #8 - Carnright v. State, No. 3D22-1244 (Fla. 3rd DCA)(August 24, 2022)
Carnright is a case involving bond pending appeal under Rule 3.691.
Case #9 - State v. Bodrato, 4D22-334 (Fla. 4th DCA)(August 24, 2022)
Bodrato is a DUI case involving an order to exit the vehicle.
Case #10 - Best v. State, No. D21-3114 (Fla. 5th DCA)(August 26, 2022
Best is a PCA case with a concurrence discussing issue preservation for appeal.
Amendment to Rule 3.220
Rule 3.220 is amended to preclude the visual recording of an adult deponent unless ordered by the court or agreed to by the parties and the deponent; require the audiovisual recording of depositions of minors unless otherwise ordered by the court, and prohibits the photographing of deponents during discovery depositions.