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The “Cite” of the Crime — Government
The “Cite” of the Crime

The “Cite of the Crime” Podcast is a biweekly Florida and Federal criminal case law update show for criminal defense attorneys, prosecutors, judges and anybody who is interested in criminal law case law in the Florida District Courts, the Florida Supreme Court, the Eleventh Circuit Court of Appeals and the U.S. Supreme Court. Each week, criminal defense attorney, Jeremy Lasnetski of Shorstein, Lasnetski, & Gihon reviews the previous weeks Florida DCA and Florida Supreme Court cases and in a separate weekly federal episode, reviews the previous weeks Eleventh Circuit and U.S. Supreme Court criminal cases. Join us at The “Cite” of the Crime during your commute, jog, or any other time to keep up to date on the latest criminal court opinions.

Copyright: © 2023 The "Cite" of the Crime

Latest Episodes:

Episode #44 - Federal Criminal Law Update (January 30, 2023 - February 3, 2023) Feb 13, 2023

Show notes

OVERVIEW

10 cases
1 published decisions
9 unpublished decisions

Case #1 - United States v. Jackson, No. 19-11955 (11th Cir. Pub. Dec.)(February 3, 2023)
Case # 2 - United States v. Aurelian, No. 21-12995 (11th Cir. Unpub. Dec.)(February 2, 2023)
Case #3 - United States v. Crook, No. 22-10942 (11th Cir. Unpub. Dec.)(February 2, 2023)
Case #4 - United States v. German, No. 22-11811 (11th Cir. Unpub. Dec.)(February 2, 2023)
Case #5 - United States v. Gosney, Jr., No. 22-12049 (11th Cir. Unpub. Dec.)(February 1, 2023)
Case #6 - United States v. Grow, No. 21-12268 (11th Cir. Unpub. Dec.)(February 2, 2023)
Case #7 - United States v. Howard, No. 21-11101 (11th Cir. Unpub. Dec.)(January 30, 2023)
Case #8 - United States v. Moore, No. 21-14210 (11th Cir. Unpub. Dec.)(February 1, 2023)
Case #9 - United States v. Perez, No. 21-14469 (11th Cir. Unpub. Dec.)(February 2, 2023)
Case #10 - United States v. Wells, No. 22-13103 (11th Cir. Unpub. Dec.)(February 1, 2023)

Episode #43 - Florida Case Law Update (January 30, 2023 - February 3, 2023) Feb 06, 2023

Show notes

OVERVIEW - 5 cases

0 - Florida Supreme Court Cases
2 - First DCA Cases
1 - Second DCA Cases
0 - Third DCA Cases
1 - Fourth DCA Cases
0 - Fifth DCA Cases
2 - Sixth DCA Cases

Case #1 - Martina v. State, No. 1D20-3776 (Fla. 1st DCA)(February 1, 2023)
Case #2 - Mathis Sims v. State, No. 1D21-0869 (Fla. 1st DCA)(February 1, 2023)
Case #3 - Weston v. State, No. 2D22-1216 (Fla. 2nd DCA)(February 3, 2023)
Case #4 - State v. Mancuso, No. 4D22-808 (Fla. 4th DCA)(February 1, 2023)
Case #5 - Brand v. State, No. 6D23-1217 (Fla. 6th DCA)(February 3, 2023)
Case #6 - Jefferson v. State, No. 6D23-1208 (Fla. 6th DCA)(February 3, 2023)
PD Appeal Conflict Case
Farmer v. State, No. 1D22-3273 (Fla. 1st DCA)(February 1, 2023)

Episode #42 - Federal Criminal Law Update (January 23, 2023 - January 27, 2023) Feb 05, 2023

Show notes

OVERVIEW

5 cases
1 published decisions
4 unpublished decisions

Case #01 - United States v. King, No. 21-12963 (11th Cir. Pub. Dec.)(January 23, 2023)
Case #02 - United States v. Anderson, No. 22-12924 (11th Cir. Unpub. Dec.)(January 24, 2023)
Case #03 - United States v. Gray, No. 21-14186 (11th Cir. Unpub. Dec.)(January 27, 2023)
Case #04 - United States v. Jasper, No. 21-11326 (11th Cir. Unpub. Dec.)(January 23, 2023)
Case #05 - United States v. Valdez, No. 21-12489 (11th Cir. Unpub. Dec.)(January 23, 2023)
Procedural and Substantive Reasonableness of the Sentence
United States v. Rena, No. 22-11871 (11th Cir. Unpub. Dec.)(January 31, 2023)
United States v. Walker, No. 20-13984 (11th Cir. Unpub. Dec.)(January 23, 2023)
Compassionate Release
United States v. Pierre, No. 22-10747 (11th Cir. Unpub. Dec.)(January 23, 2023)
United States v. Lorfils, No. 21-12177 (11th Cir. Unpub. Dec.)(January 23, 2023)
United States v. Ortiz, No. 22-10293 (11th Cir. Unpub. Dec.)(January 23, 2023)
Anders Brief
United States v. Harris, No. 22-11517 (11th Cir. Unpub. Dec.)(January 23, 2023)
Miscellaneous
Shevgert v. United States, No. 21-12135 (11th Cir. Unpub. Dec.)(January 24, 2023)
United States v. Jones, Jr., No. 22-13702 (11th Cir. Unpub. Dec.)(January 31, 2023)
United States v. Lewis, No. 22-12016 (11th Cir. Unpub. Dec.)(January 24, 2023)
United States v. Pugh, No. 19-13732 (11th Cir. Unpub. Dec.)(January 31, 2023)
United States v. Williams, No. 22-11208 (11th Cir. Unpub. Dec.)(January 26, 2023)

Episode #41 - Florida Case Law Update (January 23, 2023 - January 27, 2023) Feb 02, 2023

Show notes

OVERVIEW - 6 cases

0 - Florida Supreme Court Cases
1 - First DCA Cases
2 - Second DCA Cases
2 - Third DCA Cases
2 - Fourth DCA Cases
0 - Fifth DCA Cases
0 - Sixth DCA Cases

WRITTEN SUMMARIES HERE

Case #1 - Susick v. State, No. 1D21-2070 (Fla. 1st DCA)(January 25, 2023)
Case #2 - Corona v. State, No. 2D21-1162 (Fla. 2nd DCA)(January 27, 2023)
Case #3 - N.D., III v. State, No. 2D21-2660 (Fla. 2nd DCA)(January 27, 2023)
Case #4 - Bernabeu v. State, No. 3D22-91 (Fla. 3rd DCA)(January 25, 2023)
Case #5 - Holmes v. State, No. 3D22-1363 (Fla. 3rd DCA)(January 25, 2023)
Case #6 - Randolph v. State, No. 4D21-3052 (Fla. 4th DCA)(January 25, 2023)

Carballo v. State, No. 3D21-1583 (Fla. 3rd DCA)(January 25, 2023)

On motion for rehearing denied.
Covered in Episode #31, Case #19

Episode #40 - Federal Criminal Law Update (January 16, 2023 - January 20, 2023) Jan 27, 2023

Show notes

OVERVIEW

11 cases
3 published decisions
8 unpublished decisions

Written Summaries HERE

Case #01 - United States v. Dupree, No. 19-13776 (11th Cir. Pub. Dec.)(January 18, 2023)
Case #02 - United States v. Oudomsine, No. 22-10924 (11th Cir. Pub. Dec.)(January 18, 2023)
Case #03 - United States v. Scott, No. 21-11467 (11th Cir. Pub. Dec.)(January 20, 2023)
Case #04 - United States v. Beiter, No. 22-12282 (11th Cir. Unpub. Dec.)(January 18, 2023)
Case #05 - United States v. Bivins, No. 22-10820 (11th Cir. Unpub. Dec.)(January 20, 2023)
Case #06 - United States v. Farrelly, No. 21-11413 (11th Cir. Unpub. Dec.)(January 17, 2023)
Case #07 - United States v. Garza, No. 21-13294 (11th Cir. Unpub. Dec.)(January 17, 2023)
Case #08 - United States v. Lane, No. 19-13197 (11th Cir. Unpub. Dec.)(January 20, 2023)
Case #09 - United States v. Quijada-Moreno, No. 21-13788 (11th Cir. Unpub. Dec.)(January 18, 2023)
Case #10 - Watson v. United States, No. 20-14698 (11th Cir. Unpub. Dec.)(January 17, 2023)
Case #11 -United States v. Yliniemi, No. 20-12287 (11th Cir. Unpub. Dec.)(January 18, 2023)
Compassionate Release
United States v. Belidor, No. 22-11906 (11th Cir. Unpub. Dec.)(January 18, 2023)
United States v. Bradford, No. 21-13721 (11th Cir. Unpub. Dec.)(January 20, 2023)
United States v. Castro, No. 22-12329 (11th Cir. Unpub. Dec.)(January 20, 2023)
United States v. Granados, No. 22-11762 (11th Cir. Unpub. Dec.)(January 17, 2023)

Procedural and Substantive Reasonableness
United States v. Griffin, No. 21-12727 (11th Cir. Unpub. Dec.)(January 18, 2023)
United States v. Robinson, No. 21-10429 (11th Cir. Unpub. Dec.)(January 17, 2023)

Miscellaneous
United States v. Goins, No. 22-13090 (11th Cir. Unpub. Dec.)(January 18, 2023)
United States v. Williams, No. 22-11490 (11th Cir. Unpub. Dec.)(January 17, 2023)

Episode #39 - Florida Case Law Update (January 16, 2023 - January 20, 2023) Jan 23, 2023

Show notes

OVERVIEW

0 - Florida Supreme Court Cases
0 - First DCA Cases
3 - Second DCA Cases
0 - Third DCA Cases
2 - Fourth DCA Cases
1 - Fifth DCA Cases

WRITTEN SUMMARIES HERE

We have 8 cases to talk about this week, including a discussion about alligator eggs, edited facial tattoos, lesser included offenses, zoom hearings, lack of remorse at sentencing and more.

Case #01 - Beasley v. State, No. 2D19-4257 (Fla. 2nd DCA)(January 20, 2023)
Case #02 - Jimenez, Jr. v. State, No. 2D22-1792 (Fla. 2nd DCA)(January 20, 2023)
Case #03 - Walker v. State, No. 2D21-2675 (Fla. 2nd DCA)(January 20, 2023)
Case #04 - Arnold v. State, No. 3D21-1012 (Fla. 3rd DCA)(January 18, 2023)
Case #05 - Otero-Rosario v. State, No. 3D22-0868 (Fla. 3rd DCA)(January 18, 2023)
Case #06 - Korets v. State, No. 4D22-828 (Fla. 4th DCA)(January 18, 2023)
Case #07 - Sibrun v. State, No. 4D19-1629 (Fla. 4th DCA)(January 18, 2023)
Case #08 - Bowen v. State, No. 5D22-1546 (Fla. 5th DCA)(January 20, 2023)

Episode #38 - Federal Criminal Law Update (January 9, 2023 - January 13, 2023) Jan 20, 2023

Show notes

OVERVIEW

7 cases
3 published decisions
4 unpublished decisions

WRITTEN CASE LAW SUMMARIES HERE
Case # 1 - United States v. Moran, No. 21-12573 (11th Cir. Pub. Dec.)(January 13, 2023)
Case #2 - United States v. Pate, No. 20-10545 (11th Cir. Pub. Dec.)(January 11, 2023)
Case #3 - Kallen-Zury v. United States, No. 20-12385 (11th Cir. Unpub. Dec.)(January 12, 2023)
Case #4 - United States v. Cash, No. 21-10906 (11th Cir. Unpub. Dec.)(January 12, 2023)
Case #5 - United States v. Harrison, No. 21-14514 (11th Cir. Pub. Dec.)(January 10, 2022)
Case # 6 - United States v. Madden, No. 21-13697 (11th Cir. Unpub. Dec.)(January 13, 2023)
Case #7 - United States v. Miller, No. 20-10194 (11th Cir. Unpub. Dec.)(January 11, 2023)

Procedural and Substantive Reasonableness of the Sentence Cases

United States v. Burns, No. 22-10195 (11th Cir. Unpub. Dec.)(January 9, 2023)

United States v. Rivera, No. 21-12768 (11th Cir. Unpub. Dec.)(January 9, 2023)

Anders Brief Cases

United States v. Adams, No. 22-11498 (11th Cir. Unpub. Dec.)(January 11, 2023)

United States v. Hill, No. 21-12296 (11th Cir. Unpub. Dec.)(January 9, 2023)

Compassionate Release Cases

United States v. Callaway, No. 22-11161 (11th Cir. Unpub. Dec.)(January 11, 2023)

Miscellaneous

United States v. Delaosa, No. 21-13795 (11th Cir. Unpub. Dec.)(January 12, 2023)

United States v. Townsend, No. 22-12786 (11th Cir. Unpub. Dec.)(January 12, 2023)

Episode #37 - Florida Case Law Update (January 9, 2023 - January 13, 2023) Jan 19, 2023

Show notes

OVERVIEW

0 - Florida Supreme Court Cases
1 - First DCA Cases
3 - Second DCA Cases
0 - Third DCA Cases
0 - Fourth DCA Cases
0 - Fifth DCA Cases
0 - Sixth DCA Cases

WRITTEN CASE SUMMARIES HERE

Case #1 - Washington v. State, No. 1D22-2358 (Fla. 1st DCA)(January 11, 2023)

Case #2 - Evans v. State, No. 2D21-3450 (Fla. 2nd DCA)(January 13, 2023)

Case #3 - Gibson-Capo v. State, No. 2D21-2776 (Fla. 2nd DCA)(January 13, 2023)

Case #4 - Mercado v. State, No. 2D21-3444 (Fla. 2nd DCA)(January 13, 2023)

Episode #36 - Federal 11th Circuit Criminal Case Law Update (December 12, 2022 - December 16, 2022) Dec 21, 2022

Show notes

Case # 1 - United States v. Eugene Jackson, No. 21-13963 (11th Cir. Pub. Dec.)(Dec. 13, 2022)
- The Eleventh Circuit vacated its prior June opinion and reached the complete opposite decision, now holding that an ACCA predicate "serious controlled substance" offense must meet the definition of a federal controlled substance at the time the defendant obtains the prior controlled substance conviction, not at the time the defendant obtains the new federal firearms possession offense.
§ 2255 Cases

Dickerson v. United States, No. 21-14226 (11th Cir. Unpub. Dec.)(December 14, 2022)

Samson v. United States, No. 19-11048 (11th Cir. Unpub. Dec.)(December 14, 2022)

Anders Brief Cases

United States v. Brenson, No. 22-11680 (11th Cir. Unpub. Dec.)(Dec. 16, 2022)

United States v. Gifford, No. 22-11497 (11th Cir. Unpub. Dec.)(December 14, 2022)

United States v. Martinez Urbina, No. 22-11444 (11th Cir. Unpub. Dec.)(December 12, 2022)

United States v. Vargas, No. 22-11807 (11th Cir. Unpub. Dec.)(December 12, 2022)

Episode #35 - Florida Criminal Law Update (December 12, 2022 - December 16, 2022) Dec 19, 2022

Show notes

OVERVIEW - 6

0 - Florida Supreme Court Cases
3 - First DCA Cases
2 - Second DCA Cases
0 - Third DCA Cases
1 - Fourth DCA Cases
0 - Fifth DCA Cases

Written summaries of each case here

Case #1 - Byram v. State, No. 1D22-828 (Fla. 1st DCA)(December 14, 2022) - 1:02

Byram is a timeliness of a 3.850 ineffective assistance of counsel case out of Baker County.

Case #2 - State v. Snow, No. 1D22-90 (Fla. 1st DCA)(December 12, 2022) - 2:17

Seems this was a timeliness of appeals week for the 1st DCA.

Case #3 - Hamilton v. State, No. 1D21-2532 (Fla. 1st DCA)(December 12, 2022) - 7:21

Hamilton is alleged improper prosecutor comments and burden shifting case out of Walton County.

Case #4 - Little v. Gualtieri, No. 2D22-2613 (Fla. 2nd DCA)(Dec. 16, 2022) - 10:32

Little is a petition for writ of habeas corpus case out of Pinellas County involving detention after revocation of a pretrial release order.

Case #5 - Phillips v. State, No. 2D22-758 (Fla. 2nd DCA)(December 15, 2022) - 13:06

Phillips is an increase of sentence during resentencing case out of Hardee County.

Case #6 - State v. Anderson, No. 4D22-171 (Fla. 4th DCA)(December 14, 2022) - 17:03

Anderson is a downward departure case out of Broward County.

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