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| Sprague v. State, Case No. 2D04-3934,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 24, 2006, Opinion Filed
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Overview: Although the State failed to establish that defendant had the ability to pay court costs and costs of supervision, defendant violated probation by committing the new substantive offense of trespass after receiving a trespass warning; consequently, the trial court properly revoked his probation.
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| State v. Milne, Case No. 5D04-2181,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: The trial court properly granted defendant's motion for postconviction relief under Fla. R. Crim. P. 3.850, where the trial court's ruling that defense counsel was ineffective for failing to move for a mistrial in response to the prosecutor's improper comments during closing argument and that defendant was prejudiced was supported by the evidence.
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| State v. Witherspoon, Case No. 2D05-3429,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 24, 2006, Opinion Filed
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Overview: Officer felt a bulge in defendant's pocket, and he admitted that it was marijuana. Officer then saw him move his hand from his pocket to his mouth. Later, the bulge in his pocket was gone, and his mouth was full. Officer had probable cause to order defendant to spit out the contents of his mouth. Thus, his motion to suppress was improperly granted.
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| Steinberg v. Charles T. Becker, P.A., Case No. 5D04-1685,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Certiorari was an original proceeding, not an appeal, and thus an insurance company's filing of a petition for writ of certiorari in a district court did not constitute an "appeal" for purposes of an attorney-client contingency fee agreement. There was no error in allowing the lawyer to revoke a previously offered discount to the client.
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| Stewart v. State, Case No. 5D06-31,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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| T.D.S. v. State, Case No. 5D06-512,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Fla. Stat. § 985.215(2) required written reasons if trial court selected more restrictive placement than indicated by risk assessment instrument (RAI). Writ of habeas corpus was issued where RAI score was zero, but trial court failed to articulate reasons for placing juvenile in secure detention pending his probation and adjudicatory hearing.
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| Tyson v. State, Case No. 5D05-1599,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, February 24, 2006, Opinion Filed
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Overview: Because a police deputy could not say that defendant replied affirmatively when asked if he could be searched, in the absence of any other evidence indicating defendant consented to be searched, the State only proved that defendant acquiesced to the deputy's authority; consequently, defendant's motion to suppress should have been granted.
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