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State Courts -
Florida - March 4, 2009
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Luedtke v. State, Case No. 2D06-4580,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 4, 2009, Opinion Filed
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Overview: Because trial counsel's affirmative misadvise regarding the applicability of the Jimmy Ryce Act, ?? 394.910-.931, Fla. Stat. (2004), provided good cause to support defendant's Fla. R. Crim. P. 3.170(f) motion to withdraw his plea to sexual battery under ? 794.011(5), Fla. Stat. (2004), the trial court erred in denying the motion.
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Robinson v. State, No. 3D06-2534,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, March 4, 2009, Opinion Filed
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Overview: As it was entirely reasonable for the officers, in reliance on defendant's assertion that he was wanted on murder charges, even thought that was not the case, to transport him to the station in handcuffs, and defendant never asked the officers to verify that there were pending charges, the motion to suppress the confession was properly denied.
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