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**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.

Latest Episodes:

Episode #1 - Florida Criminal Case Law Update (August 15, 2022 - August 20, 2022) Sep 02, 2022

Show notes

EPISODE #1: Florida Criminal Case Law Update (8/15/22 - 8/20/22)

OVERVIEW - 9 Cases

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

Case #1 - J.H. v. State, No. 1D21-1114, 1115, 1116 (Fla. 1st DCA)(August 17, 2022)
J.H. is a juvenile case involving suppression of his confession when brought to the detective's office while serving time on an unrelated case.

Case #2 - Mitchum v. State, No. 1D21-1993 (Fla. 1st DCA)(August 17, 2022)
Mitchum involves the issue of calling a witness for primary purpose to impeach that witness.

Case #3 - White v. State, No. 1D21-1283 (Fla. 1st DCA)(August 17, 2022)
White is a violation of community control case.

Case #4 - Griffin v. State, No. 2D22-76 (Fla. 2nd DCA)(August 19, 2022)
Griffin is a 3.850 case involving the summary denial of the motion where the trial court relies on unsworn statements.

Case #5 - Riggens v. State, No. 2D21-3627 (Fla. 2nd DCA)(August 19, 2022)
Riggens involves a Stand Your Ground Motion to dismiss under 3.190(b) and whether it must be sworn.

Case #6 - Sullivan v. State, No. 2D22-916 (Fla. 2nd DCA)(August 19, 2022)
Sullivan involves an appellate court's jurisdiction to review a 3.180(a)(9) motion to correct error.

Case #7 - Urbaniak v. State, No. 2D21-3315 (Fla. 2nd DCA)(August 19, 2022)
Urbaniak involved a remand to correct scrivener's errors in an order revoking probation.

Case #8 - State v. Tillman, No. 4D21-2348 (Fla. 4th DCA)(August 17, 2022)
Tillman involves the dismissal of charges based on incompetency under Rule 3.213(a).

Case #9 - Germain v. State, No. 5D21-2553 (Fla. 5th DCA)(August 19, 2022)
Germain is a 3.850 case where Mr. Germain argued that the district court erred by removing him from the courtroom during his hearing without a prior warning.

Episode #2 - Federal Criminal Case Law Update (August 15, 2022 - August 20, 2022) Sep 02, 2022

Show notes

EPISODE #2: Federal Case Law Update (8/15/22 - 8/20/22)

OVERVIEW

15 cases
2 published decisions
13 unpublished decisions

Case # 1 - Alvarado-Linares v. USA, No. 19-14994 (11th Cir. Pub. Dec.)(August 16, 2022)
Alvarado-Linares addresses whether murder and attempted murder are crimes of violence.

Case #2 - Ochoa v. USA, No. 18-10755 (11th Cir. Pub. Dec.)(August 18, 2022)
Mr. Ochoa argued that his Sixth Amendment right to effective assistance of counsel was violated by his previous counsel who had a conflict of interest.

Case #3 - Ramdeo v. USA, No. 21-10112 (11th Cir. Unpub. Dec.)(August 17, 2022)
Ramdeo involves the district court's authority to limit 2255 subsequent motions.

Case #4 - USA v. Chim, No. 21-11807 (11th Cir. Unpub. Dec.)(August 16, 2022)
Chim is the appeal from a conviction of Hobbs act robbery and brandishing a firearm during a crime of violence.

Case #5 - USA v. Cobble, No. 20-13166 (11th Cir. Unpub. Dec.)(August 17, 2022)
Cobble involves the district court's decision to allow Mr. Cobble, who was on trial for threatening district judges, to represent himself.

Case #6 - USA v. Floyd, No. 21-12336 (11th Cir. Unpub. Dec.)(August 17, 2022
Floyd is a sentencing case addressing 2K2.1(b)(1)(A) for possessing 3-7 firearms and 4 level enhancement for using a firearm in connection with another felony offense.

Case #7 - USA v. Latson, No. 19-14934 (11th Cir. Unpub. Dec.)(August 15, 2022)
Latson is a 922(g) PFCF and 924(e) Armed Career Criminal Case addressing the Commerce Clause and a predicate offense of Possession with Intent to Sell Marijuana.

Case #8 - USA v. McKennie, Jr., No. 21-14149 (11th Cir. Unpub. Dec.)(August 17, 2022)
Mckennie is a substantively reasonableness of the sentence case.

Case #9 - USA v. Merry, No. 21-122926 (11th Cir. Unpub. Dec.)(August 19, 2022)
Merry is a child pornography case discussing 2G2.2(b)(5) five level enhancement for pattern of sexual abuse activity.

Case #10 - USA v. Paquette, No. 21-11265 (11th Cir. Unpub. Dec.)(August 18, 2022)
Paquette involves delegating a condition of supervised release limiting contact with minors to probation.

Case #11 - USA v. Perez, No. 21-12868 (11th Cir. Unpub. Dec.)(August 18, 2022)
Perez addresses jurisdiction in distribution while aboard a vessel subject to U.S. jurisdiction cases.

Case #12 - USA v. Reaves, No. 21-13466 (11th Cir. Unpub. Dec.)(August 19, 2022)
Reaves is a compassionate release case.

Case #13 - USA v. Seymour, No. 21-11990 (11th Cir. Unpub. Dec.)(August 19, 2022)
Seymour is a procedural and substantive reasonableness of the sentence case.

Case #14 - USA v. Williams, No. 21-12101 (11th Cir. Unpub. Dec.)(August 17, 2022)
Williams involves an ambiguous oral pronouncement of supervised release.

Case #15 - USA v. Wilson, No. 20-14860 (11th Cir. Unpub. Dec.)(August 18, 2022)
Wilson looks at the issue of a consecutive sentence to an anticipated sentence on a military charge.

Episode #4 - Federal Criminal Case Law Update (August 22, 2022 - August 26, 2022) Sep 02, 2022

Show notes

EPISODE #4: Federal Case Law Update (8/22/22 - 8/26/22)

OVERVIEW

11 cases
2 published decisions
8 unpublished decisions
1 Florida Supreme Court Decision answering a certified question from the Eleventh Circuit

SPOTLIGHT CASE

Case # 1 - Conage v. USA, No. SC20-1441 (Fla. Sup. Ct.)(August 25, 2022)
Conage answered a certified question from the 11th Circuit asking whether a defendant is guilty of Trafficking as a "purchaser" of a trafficking amount of controlled substances if the defendant makes payment but does not yet possess the controlled substance. If yes, then Florida Trafficking can serve as a predicate offense for ACCA purposes.

Case #2 - USA v. Ifediba & Ozuligbo, No. 20-13218 (11th Cir. Pub. Dec.)(August 25, 2022)
Ifediba and Ozuligbo is a pill mill case involving several issues including the admissibility of evidence that the defendant engaged in legitimate medical treatment on some patients, the admissibility of evidence of cultural norms, jury misconduct, the sufficiency of medical records, in the absence of witness testimony, sufficiency of evidence, and the reasonableness of the sentence.

Case #3 - USA v. Utsick, Nom 16-16505 (11th Cir. Pub. Dec.)(August 22, 2022)
Utsick deals with what a district court can consider for sentencing purposes when a defendant is extradited pursuant to an agreement with another country that limits what crimes the defendant can be charged with.

Case #4 - USA v. Alexander, No. 21-12234 (11th Cir. Unpub. Dec.)(August 24, 2022)
Mr. Alexander challenges his Georgia Aggravated Assault conviction as a crime of violence under the guidelines and the denial of his motion for a downward departure.

Case #5 - USA v. Cosimano & Mencher, No. 19-14841 (11th Cir. Unpub. Dec.)(August 24, 2022)
Cosimano and Mencher involves conspiracy to commit murder involving two rival motorcycle clubs. Mr. Cosimano and Mr. Mencher raised various arguments including the sufficiency of the evidence, the predicate VICAR murder count as a 924(c) crime of violence, the denial to sever their trials, and the denial of a motion to suppress.

Case #6 - USA v. Fernandez, No. 19-15044 ((11th Cir. Unpub. Dec.)(August 22, 2022)
Fernandez involves 18 U.S.C. 201(b)(2)(C) which prohibits public officials from taking bribes. Mr. Fernandez challenges the district court's jury instruction on "official duties," the admission of federal regulations, prosecutor arguments, the sufficiency of the evidence and the reasonableness of his sentence.

Case #7 - USA v. Harack, No. 21-11771 (11th Cir. Unpub. Dec.)(August 25, 2022)
Ms. Harack appeals the district court's 180 month sentence, which was above the guidelines and the denial of her motion for a continuance.

Case #8 - USA v. Haynes, Jr., No. 19-12335 (11th Cir. Unpub. Dec.)(August 24, 2022)
Mr. Haynes argues on appeal that the district court erred in sentencing him as an Armed Career Criminal and that his Florida Resisting with Violence conviction is not a predicate offense for ACCA and that the trial court erred in treating two 2001 drug convictions as two separate ACCA predicate offenses.

Case #9 - USA v. Kim, No. 21-12406 (11th Cir. Unpub. Dec.)(August 24, 2022)
Mr. Kim argues that the U.S. committed Brady and Giglio violations.

Case #10 - USA v. Plummer, No. 21-13648 (11th Cir. Unpub. Dec.)(August 26, 2022)
Mr. Plummer argues that his sentence was procedurally and substantively unreasonable.

Case #11 - USA v. Taylor, No. 22-11745 (11th Cir. Unpub. Dec.)(August 22, 2022)
Taylor involves the Fugitive Disentitlement Doctrine where a defendant appeals while absconding.

Episode #3 - Florida Criminal Case Law Update (August 22, 2022 - August 26, 2022) Sep 02, 2022

Show notes

EPISODE #3: Florida Case Law Update (8/22/22 - 8/26/22)

OVERVIEW - 10 Cases

2 - Florida Supreme Court Cases
4 - First DCA Cases
1 - Second DCA Cases
1 - Third DCA Cases
1 - Fourth DCA Cases
1 - Fifth DCA Cases
Amendment to Rule 3.220

Case #1 -Conage v. USA, No. SC20-1441 (Fla. Sup. Ct.)(August 25, 2022)
Conage answered a certified question from the 11th Circuit asking whether a defendant is guilty of Trafficking as a "purchaser" of a trafficking amount of controlled substances if the defendant makes payment but does not yet possess the controlled substance.

Case #2 - State v. Garcia, No. SC19-1870 (Fla. Sup. Ct.)(August 25, 2022)
Garcia involves the issue whether a trial court can consider a defendant's misconduct while out on bond for sentencing purposes.

Case #3 - Fryson v. State, No. 1D21-2285 (Fla. 1st DCA)(August 24, 2022)
Fryson is a 3.850 ineffective assistance of counsel case.

Case #4 - Hudson v. State, No. 1D21-99 (Fla. 1st DCA)(August 24, 2022)
Hudson is a DUI custodial interrogation case.

Case #5 - Kirkpatrick v. State, No. 1D21-683 (Fla. 1st DCA)(August 24, 2022)
Kirkpatrick is a 3.850 case addressing whether trial counsel was ineffective for failing to advise him he could be impeached upon testifying, failing to hire a crime scene reconstruction expert and psychological expert, and failing to make a sufficient motion for judgment of acquittal, and failing to object to closing argument statements.

Case #6 - State v. Hardley, No. 1D19-1515 (Fla. 1st DCA)(August 24, 2022)
Hardley is a case involving Florida's incest statute and whether victim sexual penetration points can be assessed.

Case #7 - J.B.E.C. v. State, No. 2D21-374 (Fla. 2nd DCA)(August 24, 2022)
J.B.E.C. is a juvenile case addressing restitution for lost income.

Case #8 - Carnright v. State, No. 3D22-1244 (Fla. 3rd DCA)(August 24, 2022)
Carnright is a case involving bond pending appeal under Rule 3.691.

Case #9 - State v. Bodrato, 4D22-334 (Fla. 4th DCA)(August 24, 2022)
Bodrato is a DUI case involving an order to exit the vehicle.

Case #10 - Best v. State, No. D21-3114 (Fla. 5th DCA)(August 26, 2022
Best is a PCA case with a concurrence discussing issue preservation for appeal.

Amendment to Rule 3.220
Rule 3.220 is amended to preclude the visual recording of an adult deponent unless ordered by the court or agreed to by the parties and the deponent; require the audiovisual recording of depositions of minors unless otherwise ordered by the court, and prohibits the photographing of deponents during discovery depositions.

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