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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 #24 - Federal Criminal Case Law Update (October 31, 2022 - November 4, 2022) Nov 09, 2022

Show notes

Federal 11th Circuit Criminal Case Law Update
(October 31, 2022 - November 4, 2022)

Written summaries here: https://www.jacksonvillecriminallawyerblog.com/federal-11th-circuit-criminal-case-law-update-october-31-2022-november-4-2022/
OVERVIEW

8 cases
0 published decisions
8 unpublished decisions

Case #1 - United States v. Benitez Gonzalez, No. 21-13306 (11th Cir. Unpub. Dec.)(November 1, 2022) - 00:58

Benitez is an attempted Hobbs Act robbery case.

Case #2 - United States v. Blanc, No. 21-12259 (11th Cir. Unpub. Dec.)(November 2, 2022) - 7:38

Blanc is a motion for retroactive recommendation of concurrent sentence case.

Case #3 - United States v. Gorycki, No. 21-12823 (11th Cir. Unpub. Dec.)(November 4, 2022) - 10:12

Gorycki is an attempting to entice or induce a minor to engage in unlawful sexual activity case dealing with the proper definition of “induce”

Case #4 - United States v. Harvey, No. 22-10610 (11th Cir. Unpub. Dec.)(November 3, 2022) - 19:13

Harvey is a violation of supervised release case involving failure to register an email address or social media identifiers.

Case #5 - United States v. James, No. 21-13689 (11th Cir. Unpub. Dec.)(October 31, 2022) - 24:21

James is a possession of a firearm by a convicted felon case involving suppression of evidence and statements.

Case #6 - United States v. Mack, No. 22-10234 (11th Cir. Unpub. Dec.)(November 3, 2022) - 31:02

Mack is a procedural and substantive reasonableness of the sentence case.

Case #7 - United States v. Moise, No. 21-13424 (11th Cir. Unpub. Dec.)(November 1, 2022) - 33:37

Moise is an improper prosecutor comment in closing argument case.

Case #8 - United States v. Richiez, No. 21-13629 (11th Cir. Unpub. Dec.)(November 1, 2022) - 37:22

Richiez is a substantive reasonableness of the sentence case.

Compassionate Release Cases

United States v. Cannon, No. 21-13570 (11th Cir. Unpub. Dec.)(November 1, 2022)

Episode #23 - Florida Criminal Case Law Update (October 31, 2022 - November 4, 2022) Nov 07, 2022

Show notes

EPISODE #23: Florida Criminal Law Update (October 31, 2022 - November 4, 2022)

Written summaries here:
https://www.jacksonvillecriminallawyerblog.com/florida-criminal-case-law-update-october-31-2022-november-4-2022/
OVERVIEW - 7 Cases

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

Case #1 - Morgan v. State, No. SC20-641 (Fla. Sup. Ct. )(November 3, 2022) - 1:05

Morgan is an appealability of Rule 3.800 case.

Case #2 - Bright v. State, No. 2D21-2172 (Fla. 2nd DCA)(November 4, 2022) - 6:31

Bright is a probation revocation case out of Lee County.

Case #3 - Menchillo v. State, No. 2D21-3466 (Fla. 2nd DCA)(November 2, 2022) - 10:21

Menchillo is a motion to suppress statements case out of Charlotte County.

Case #4 - J.T.J., a Child, v. State, No. 4D21-2735 (Fla. 4th DCA)(November 2, 2022) - 18:18

J.T.J. is a juvenile probation revocation case out of Palm Beach County involving judicial notice of school records.

Case #5 - State v. Darter, No. 4D22-308 (Fla. 4th DCA)(November 2, 2022) - 25:16

Darter is a child pornography motion to suppress case out of Palm Beach County.

Case #6 - Scott v. State, No. 5D22-478 (Fla. 5th DCA)(November 4, 2022) - 32:17

Scott is a 3.850 ineffective assistance of counsel case out of Orange County.

Case #7 - State v. Sawyer, No. 5D21-2422 (Fla. 5th DCA)(November 4, 2022) - 36:40

Sawyer is a downward departure case out of Citrus County.

Episode #22 - Federal Criminal Case Law Update (October 24, 2022 - October 28, 2022) Nov 02, 2022

Show notes

Federal 11th Circuit Criminal Case Law Update (October 24, 2022 - October 28, 2022)
Written summaries here: https://www.jacksonvillecriminallawyerblog.com/2644-2/
OVERVIEW

7 cases
1 published decisions
6 unpublished decisions

Case #1 - USA v. Malone, No. 20-12744 (11th Cir. Pub. Dec.)(October 26, 2022) - 1:00

Malone is a breach of plea agreement by the government case.

Case #2 - USA v. Berry, No. 21-13352 (11th Cir. Unpub. Dec.)(October 24, 2022) - 12:08

Berry is a case about venue, sufficiency of the evidence, hearsay and safety valve.

Case #3 - USA v. Carridice, No. 22-10070 (11th Cir. Unpub. Dec.)(October 24, 2022) - 20:07

Carridice is a procedural and substantive reasonableness case.

Case #4 - USA v. Lawson, No. 21-13272 (11th Cir. Unpub. Dec.)(October 27, 2022) - 22:32

Lawson is an interesting suppression of evidence and abandonment of property case in the standing context.

Case #5 - USA v. Plotka, No. 22-12131 (11th Cir. Unpub. Dec.)(October 24, 2022) - 28:48

Plotka is a motion to withdraw plea and appeal waiver case.

Case #6 - USA v. Robinson, No. 21-12595 (11th Cir. Unpub. Dec.)(October 28, 2022) - 31:04

Robinson is a reasonableness of the sentence case when the defendant makes untruthful statements to investigators in violation of a plea agreement.

Case #7 - USA v. Shelton, No. 21-14362 (11th Cir. Unpub. Dec.)(October 28, 2022) - 35:29

Shelton is a search warrant exclusionary rule good faith exception case.

Compassionate Release Cases:

USA v. Santos Mero, No. 22-10730 (11th Cir. Unpub. Dec.)(October 28, 2022)

Episode #21: Florida Criminal Case Law Update (October 24, 2022 - October 28, 2022) Oct 31, 2022

Show notes

EPISODE #21: Florida Criminal Case Law Update (October 24, 2022 - October 28, 2022)

OVERVIEW - 13 Cases

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

Case #1 - State v. Garcia, No. SC20-1419 (Fla. Sup. Ct.) (October 27, 2022)

Garcia is a 5th Amendment compelling a defendant to disclose a cellphone password case.

Case #2 - Burney v. State, No. 1D21-1082 (Fla. 1st DCA)(October 26, 2022)

Burney is a murder case involving admission of evidence of pending charges against a witness.

Case #3 - Eastburn v. State, (Fla. 1st DCA)(October 26, 2022)

Eastburn is a writ of certiorari case involving competency.

Case #4 - Dydek v. State, (Fla 2nd DCA)(October 26, 2022)

Dydek is a motion to suppress case.

Case #5 - Jackson v. State, (Fla. 2nd DCA)(October 28, 2022)

Jackson is a postconviction relief case.

Case #6 - Roman v. State, (Fla. 2nd DCA)(October 28,. 2022)

Roman is a post conviction relief case.

Case #7 - State v. Erway, (Fla. 2nd DCA)(October 28, 2022)

Erway is a No Valid Driver’s License case involving the definition of a motor vehicle.

Case #8 - Michel v. State, (Fla. 3rd DCA)(October 26, 2022)

Michel is a post conviction case involving photo lineups.

Case #9 - Mintz v. State, (Fla. 3rd DCA)(October 26, 2022)

Mintz is a burden shifting in closing argument case.

Case #10 - P.J.S. v. State, (Fla. 3rd DCA)(October 26, 2022)

P.J.S. is another Zoom juvenile delinquency hearing case out.

Case #11 - Guzman v. State, (Fla. 4th DCA)(October 26, 2022)

Guzman is a constitutionality of a six person jury case.

Case #12 - Nottage v. State, (Fla. 4th DCA)(October 26, 2022)

Nottage is a 3.850 based on newly discovered evidence case.

Case #13 - State v. Trinidad, (Fla. 5th DCA)(October 28, 2022)

Trinidad is a 90.403 unfair prejudice case.

Episode #20 - Federal Criminal Case Law Update (October 17, 2022 - October 21, 2022) Oct 26, 2022

Show notes

Federal 11th Circuit Criminal Case Law Update
(October 17, 2022 - October 21, 2022)
OVERVIEW
6 cases
0 published decisions
6 unpublished decisions

Case # 1 - Rosello v. United States, No. 21-14440 (11th Cir. Unpub. Dec.)(October 21, 2022) - 1:04

Rosello is a successive §2255 motion to vacate case.

Case #2 - United States v. Davis, No. 21-12590 (11th Cir. Unpub. Dec.)(October 21, 2022) - 5:14

Davis is a sufficiency of the evidence in a conspiracy to engage in sex trafficking of a minor case.

Case #3 - United States v. Gamory, No. 21-12129 (11th Cir. Unpub. Dec.)(October 18, 2022) - 11:30

Gamory is a §3582(c)(2) and Amendment 782 sentence reduction case.

Case #4 - United States v. Gelin No. 21-11091, 21-11505 & Fernetus No. 21-11587 (11th Cir. Unpub. Dec.)(October 18, 2022) - 14:15

Gelin and Fernetus is an untimely motion to dismiss for selective prosecution and judge recusal case.

Case #5 - United States v. Laureti, No. 18-10508 (11th Cir. Unpub. Dec.)(October 18, 2022) - 20:46

Laureti is a motion for new trial denial case involving alleged newly discovered evidence and Brady and Giglio violations.

Case #6 - United States v. Solano, No. 21-14191 (11th Cir. Unpub. Dec.)(October 21, 2022) - 24:27

Solano is a ineffective assistance of counsel and request for a new attorney case.

Compassionate Release Cases
USA v. Jackson, No. 22-11346 (11th Cir. Unpub. Dec.)(October 19, 2022)

Episode #19: Florida Criminal Case Law Update (October 17, 2022 - October 21, 2022) Oct 24, 2022

Show notes

EPISODE #19: Florida Criminal Case Law Update (October 17, 2022 - October 21, 2022)

OVERVIEW - 7

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

Case #1 - Baker v. State, No. 1D22-1182 (Fla. 1st DCA)(October 18, 2022) - 1:08

Baker is a second degree murder post-conviction relief case.

Case #2 - Ford v. State, No. 1D20-3350 (Fla. 1st DCA)(October 19, 2022) - 3:12

Ford is a duress and admission of evidence of gang affiliation case out of Duval County.

Case #3 - Scott v. State, No. 1D21-2842 (Fla. 1st DCA)(October 19, 2022) - 8:31

Scott is a lack of remorse at sentencing case out of Escambia County.

Case #4 - Youngblood v. State, No. 1D21-1430 (Fla. 1st DCA)(October 19, 2022) - 9:53

Youngblood is a William’s Rule case out of Bradford County.

Case #5 -Szewczyk v. State, No. 2D21-10 (Fla. 2nd DCA)(October 21, 2022) - 11:16

Szewczyk is a 3.850 ineffective assistance of counsel case out of Charlotte County.

Case #6 - Ruiz v. State, No. 3D22-257 (Fla. 3rd DCA)(October 19, 2022) - 14:18

Ruiz is a sexual predator designation case out of Miami-Dade County.

Case #7 - Floyd v. State, No. 5D21-2645 (Fla. 5th DCA)(October 21, 2022) - 17:22

Floyd is another 3.850 ineffective assistance of counsel claim case out of Volusia County.

EPISODE :#18: Federal Criminal Case Law Update (October 10, 2022 - October 14, 2022) Oct 19, 2022

Show notes

EPISODE :#18: Federal Criminal Case Law Update (October 10, 2022 - October 14, 2022)
Find written summaries of each case here.

OVERVIEW

5 cases
0 published decisions
5 unpublished decisions

Case # 1 - Pagan v. USA, No. 21-12328 (11th Cir. Unpub. Dec.)(October 14, 2022) - 1:03

Pagan is a Distribution of heroin and fentanyl resulting in death jury instruction and admissibility of co-conspirator statements case.

Case #2 - USA v. Anderson, No. 21-11796 (11th Cir. Unpub. Dec.)(October 14, 2022) - 10:39

Anderson is a sophisticated means enhancement case.

Case #3 - USA v. Pope, Jr., No. 21-12173 (11th Cir. Unpub. Dec.)(October 13, 2022) - 14:05

Pope is a probation officer search and seizure case involving a warrantless search of a probationer’s home.

Case #4 - USA v. Ullah, No. 21-13646 (11th Cir. Unpub. Dec.)(October 12, 2022) - 20:33

Ullah is a career offender enhancement case.

Case #5 - USA v. Zimmerman, No. 21-11520 (11th Cir. Unpub. Dec.)(October 13, 2022) - 22:02

Zimmerman is a Child Pornography case involving admission of a prior conviction at trial and preventing access to the internet as a condition of supervised release.

Compassionate Release Cases:

USA v. Casado, No. 22-10605 (11th Cir. Unpub. Dec.)(October 13, 2022)

Episode #17: Florida Criminal Case Law Update (October 10, 2022 - October 15, 2022) Oct 17, 2022

Show notes

EPISODE: #17: Florida Case Law Update (October 10, 2022 - October 15, 2022)

OVERVIEW - 10 Cases

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

Case #1 - Statler v. State, No. SC21-119 (Fla. Sup. Ct.)(October 14, 2022) - 1:04

Statler is a case about the constitutionality of §794.011(5)(b) Sexual Battery and whether Sexual Battery requires the State to prove that the Defendant knew or should have known that the victim did not consent.

Case #2 - Atwood v. State, No. 1D21-2605 (Fla. 1st DCA)(October 12, 2022) - 7:50

Atwood is a traffic stop search and seizure case out of Escambia County.

Case #3 - Jack v. State, No. 1D21-1494 (Fla. 1st DCA)(October 12, 2022) - 13:40

Jack is a second degree murder lack of preservation of error case out of Bay County.

Case #4 - State v. Green, No. 1D21-1808 (Fla. 1st DCA)(October 12, 2022) - 16:05

Green is a warrantless search of a probationer’s residence case out of Gulf County where evidence seized pursuant to a search warrant was used to charge a non-probationer resident of the house.

Case #5 - Williams v. State, No. 1D22-123 (Fla. 1st DCA)(October 12, 2022) - 22:15

Williams is a Statute of Limitations in a Sexual Battery case out of Duval County. e for testing by the accused.

Case #6 - Battles v. State, No. 2D22-765 (Fla. 2nd DCA)(October 14, 2022) - 26:49

Battles is a 3.800(a) motion to correct illegal sentence case out of Polk County.

Case #7 - Alcazar v. State, No. 3D22-1669 (Fla. 3rd DCA)(October 12, 2022) - 28:00

Alcazar is a pretrial detention case.

Case #8 - Mendoza v. State, No. 3D21-1522 (Fla. 3rd DCA)(October 12, 2022) - 32:25

Mendoza is a failure to complete a sex offender program because of purported inability to pay probation violation case.

Case #9 - Roberts v. State, No. 5D21-2537 (Fla. 5th DCA)(October 14, 2022) - 36:26

Roberts is a discovery violation and motion for new trial case out of Marion County.

Case #10 - State v. Woodson, No. 5D21-2251 (Fla. 5th DCA)(October 14, 2022) - 39:28

Woodson is a Stand your ground case out of Osceola County.

Episode #16: Federal Criminal Case Law Update (October 3, 2022 - October 7, 2022) Oct 12, 2022

Show notes

EPISODE :#16: Federal Case Law Update (October 3, 2022 - October 7, 2022)
Check out the written summaries here.

OVERVIEW

9 cases
0 published decisions
9 unpublished decisions

Case # 1 - USA v. Arias, No. 22-10075 (11th Cir. Unpub. Dec.)(October 7, 2022) - 1:09

Arias is a safety valve case involving the 3553(f) requirement to disclose truthful information to the government.

Case #2 - USA v. Bowe, Jr., No. 22-10054 (11th Cir. Unpub. Dec.)(October 6, 2022) - 4:20

Bowe is a safety valve case involving providing truthful information to the government.

Case #3 - USA v. Common, No. 21-13244 (11th Cir. Unpub. Dec.)(October 3, 2022) - 7:19

Common is a withdrawal of plea case where the district court failed to inform him of the maximum sentence.

Case #4 - USA v. Franklin, No. 21-14358 (11th Cir. Unpub. Dec.)(October 7, 2022) - 10:15

Franklin is an embezzlement, bank fraud and wire fraud case with several issues on appeal.

Case #5 - USA v. Gargiulo, No. 21-14123 (11th Cir. Unpub. Dec.)(October 4, 2022) - 19:05

Gargiulo is a substantive reasonableness of the sentence case.

Case #6- USA v. James, No. 21-11956 (11th Cir. Unpub. Dec.)(October 3, 2022) - 20:05

James is a suppression motion denial and reasonableness of sentence case.

Case #7 - USA v. Jarcord, No. 21-13975 (11th Cir. Unpub. Dec.)(October 5, 2022) - 21:47

Jarcord is an enticing a minor to engage in prostitution jury instruction case.

Case #8 - USA v. McKnight, No. 20-11859 (11th Cir. Unpub. Dec.)(October 3, 2022) - 24:16

McKnight is a Notice of Appeal and 2255 motion for indicative ruling case.

Case #9 - USA v. Sholtz, No. 22-10444 (11th Cir. Unpub. Dec.)(October 5, 2022) - 28:38

Sholtz is a supervised release case where Mr. Sholtz argued that his term of lifetime release exceeded the statutory maximum.

Compassionate Release Cases.

USA v. Gaines, No. 22-10587 (11th Cir. Unpub. Dec.)(October 6, 2022)

USA v. Howard, No. 21-12980 (11th Cir. Unpub. Dec.)(October 3, 2022)

Episode #15 - Florida Criminal Case Law Update (October 3, 2022 - October 7, 2022) Oct 10, 2022

Show notes

EPISODE #15: Florida Case Law Update (October 3, 2022 - October 7, 2022)

OVERVIEW - 10 Cases

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

Case #1 - Brown v. State, No. 1D21-0597 (Fla. 1st DCA)(October 6, 2022) - 1:05

Brown is an objection preservation and Faison Kidnapping case out of Alachua County.

Case #2 - McClendon, Jr. v. State, No. 1D21-1565 (Fla. 1st DCA)(October 6, 2022) - 6:35

McClendon is a failure to grant a downward departure case out of Duval County.

Case #3 - Morris v. State, No. 1D21-1689 (Fla. 1st DCA)(October 6, 2022) - 9:20

Morris is a legally inconsistent verdict case out of Alachua County.

Case #4 - Lamberson v. State, No. 2D21-1557 (Fla. 2nd DCA)(October 7, 2022) - 11:14

Lamberson is a 775.082(10) sentencing case involving retroactivity of the Florida Supreme Court’s decision in Brown.

Case #5 - White, Jr. v. State, No. 2D21-1713 (Fla. 2nd DCA)(October 7, 2022) - 13:34

White is a downward departure case out of Pinellas county.

Case #06 - Morrow v. State, No. 2D22-686 (Fla. 2nd DCA)(October 7, 2022) - 15:35

Morrow is a credit for time served case out of Polk County.

Case #7 - L.A. v. State, No. 3D20-1856 (Fla. 3rd DCA)(October 6, 2022) - 17:50

L.A. is a juvenile case out of Miami-Dade County involving a witness testifying at an adjudicatory hearing by Zoom.

Case #8 - Walk v. State, No. 4D21-557 (Fla. 4th DCA)(October 6, 2022) - 19:06

Walk is a case out of Palm Beach County that addresses credit time for probation time served.

Case #9 - Glispy v. State, No. 5D21-2172; 2173 (Fla. 5th DCA)(October 3, 2022) - 21:37

Glispy is a failure to remain confined at home violation of community control case out of Brevard County.

Case #10 - Smith v. State, No. 5D22-1663 (Fla. 5th DCA)(October 3, 2022) - 23:18

Smith is a credit for time served towards probation term case.

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