Table of Contents: The Florida Criminal Cases Notebook

The Florida Criminal Cases Notebook
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From January 2002 Supplement Appellate practice generally and miscellaneous ineffective assistance preservation of error procedural matters; briefs, the record. etc. standards of review Attempts Attorney for defendant generally public defenders right to self-representation Bail Blood alcohol level Confidential informants Contempt Corpus delicti Crimes assault battery burglary child abuse concealed weapons conspiracy controlled substances dealing in stolen property DUI escape homicide 1st degree murder 2d degree murder 3d degree murder DUI/BUI manslaughter generally manslaughter vehicular / vessel homicide kidnapping loitering or prowling miscellaneous substantive crimes resisting officer RICO robbery sex crimes generally lewd assault, etc. on a child child under 12 theft trafficking in controlled substances Defenses entrapment generally and miscellaneous immunity insanity intoxication self-defense Discovery Brady, etc. rules depositions generally and miscellaneous Richardson violations Double jeopardy and collateral estoppel Evidence character circumstantial defendant's statements generally and miscellaneous Miranda voluntariness generally hearsay generally exceptions admissions and statements against interest business records child abuse victims co-conspirators dying declarations medical diagnosis other exceptions prior consistent statements spontaneous and excited utterances state of mind physical evidence privileges scientific and expert evidence tapes, photos, etc . Williams rule, similar fact, and context context and inextricably intertwined Williams rule and similar fact Informations and indictments amendments consolidation of offenses and defendants language of charge statement of particulars Judges Judgment of acquittal Jurisdiction Jury trial - right to Juvenile delinquency disposition generally and miscellaneous Lesser included offenses Lineups and showups Motion to dismiss New trial Pleas plea and sentence bargaining generally and miscellaneous Polygraphs Possession Post-conviction relief 3.800 motions 3.800(a) illegal sentences 3.800(b) correction of sentencing errors 3.800(c) reduction and modification generally and miscellaneous 3.850 motions generally and miscellaneous ineffective assistance generally and miscellaneous Principals Prosecutorial misconduct Quotes Search and seizure abandonment consent encounters exigent circumstances generally incident to arrest inevitable discovery and independent source inventory searches plain view and open view probable cause arrests and seizures probable cause searches standing Terry stops warrants Sentencing costs, fees and fines credit for time served death penalty aggravating factors generally and miscellaneous § 921.141(5)(a) under sentence of imprisonment, on community control or felony probation § 921.141(5)(b) previous conviction for violent crime § 921.141(5)(c) great risk to many people § 921.141(5)(d) in course of or flight from a felony § 921.141(5)(e) avoid lawful arrest § 921.141(5)(f) pecuniary gain § 921.141(5)(g) disrupt a governmental function § 921.141(5)(h) heinous, atrocious and cruel § 921.141(5)(i) cold, calculated and premeditated § 921.141(5)0-k) victim is LEO or public official § 921.141(5)(1) victim is child under 12.113.12 § 921.141(5)(m) victim was particularly vulnerable § 921.141(5)(n) defendant is street gang member generally and miscellaneous jurors, jury selection & death qualification jury instructions jury overrides mitigating factors proportionality firearm mandatory minimums generally guidelines 1983-93 guidelines departure factors aggravating factors upheld aggravating factors reversed mitigating factors upheld mitigating factors reversed scoresheet factors generally and misc. legal constraint primary offense prior record victim injury 1994 - present guidelines departure factors aggravators mitigators scoresheet factors generally and misc. legal status multipliers and additions offense categories primary offense prior record victim injury generally habitual offenders generally and miscellaneous habitual felony and habitual violent felony offender violent career criminal prison releasee reoffender juveniles prosecuted as adults probation and community control conditions violations reclassification restitution youthful offenders Speedy trial State attorneys Statute of limitations Statutes constitutionality construction Telecommunications and wiretaps Trial - conduct of closing arguments competency to stand trial confrontation of witnesses continuances generally and miscellaneous impeachment and cross-examination generally prior convictions prior inconsistent statements jurors generally and miscellaneous Neil challenges selection jury instructions opening statements verdicts witnesses Venue Victim's rights