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| Godwin v. Johnson, CASE NO. 1D06-6632 and 1D06-6633,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 16, 2007, Opinion Filed
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Overview: Pretrial detainees' habeas petitions, based on a claim that their Sixth Amendment confrontation clause rights were violated when evidence at their pretrial release hearing was provided by a single investigator, were denied; full confrontation rights did not attach in pretrial release hearings.
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| Guardiola v. State, Case No. 2D04-4492,
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, March 16, 2007, Opinion Filed
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Overview: Denial of defendant's Fla. R. Crim. P. 3.800(b)(2) motion to correct illegal sentence was appropriate because, contrary to defendant's argument that firearm enhancement was based on facts not presented to the jury, the jury had made specific findings that defendant possessed and discharged a firearm during the commission of an aggravated battery.
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| H.L.C. v. State, Case No. 5D06-2071,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because the victim testified as to the amount paid for the items that were stolen by a juvenile and their replacement value, there was competent evidence to support the trial court's conclusion as to the fair market value of each of the stolen items; therefore, the trial court properly ordered the juvenile to pay restitution to the victim.
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| Howard v. State, Case No. 5D06-1302,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because the victim presented inconsistent testimony and certain evidence was improperly presented over defense objection, it could not be said beyond a reasonable doubt that the victim's statement that defendant raped her in the past did not affect the verdict as to battery. Thus, the motion for mistrial should have been granted.
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| Killilea v. State, Case No. 5D06-2703,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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| Mills v. State, CASE NO. 1D05-5715,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 16, 2007, Opinion Filed
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| Rains v. State, Case No. 5D05-3759,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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Overview: Because the trial court's jury instruction tracked the language of § 800.04(4)(a), Fla. Stat. (2003) and was consistent with a proposed Standard Jury Instruction, there was no reasonable possibility that the jury was misled by the court's instruction or by the court's use of the word "acquiesce" in answering a jury question.
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| Rhinelander v. Estate of Rambo, Case No. 5D05-3222,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 16, 2007, Opinion Filed
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| Riley v. State, CASE NO. 1D06-5849,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, March 16, 2007, Opinion Filed
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