Rogers v. State, 36 Fla. L. Weekly D725 (Fla. 4th DCA, Apr 6 2011): Defense Appeal, affirmed and reversed in part – Extent of protective sweep explained. “Jimmying” locked bedrooms on a hunch seems to be out-of-bounds according to the 4th DCA.
Ferguson v. State, 36 Fla. L. Weekly D727 (Fla. 4th DCA, Apr 6 2011): Defense Appeal, Affirmed – Defendant and his live-in girlfriend apparently got into a tiff. Not good. Defendant kicks girlfriend out of apartment wearing only a large t-shirt. Getting bad. Girlfriend decides to call the police. (Come on! – convicts, have you not figured this one out yet? What do y’all learn in prison? How to be stupid!) Defendant is a convicted felon. No sh!t. Police arrive and girlfriend shows signs of abuse. Police take girlfriend to HQ for a statement. Whew! That was close. Then take her back to apartment to get her things. D’oh! No one there and girlfriend (who else!) let’s police in. Police find loaded assault weapon leaning against wall in bedroom which, of course, is not the girlfriend’s. Sentence for possession of a firearm and ammunition affirmed.
Now that Mr. Ferguson has some time on his hands you would think – maybe this guy will learn. Maybe he will realize how much of a retard he is and try to correct it. Stop hitting women – stop having them live with him! Maybe, when he buys that next gun he won’t load it and lean it against his bedroom wall like he is in Viet Nam circa 1968. Maybe he won’t even buy the next gun (sometime around 2024 when he is free again, possibly). Maybe he will learn.
Washington v. State, 36 Fla. L. Weekly D733 (Fla. 4th DCA, Apr 6 2011): Defense Appeal, remanded – Good case if your client has been found to have violated his/her probation but judge thinks he must have “reasons” to reinstate/downward depart.
Dawson v. State, 36 Fla. L. Weekly D737 (Fla. 5th DCA, Apr 8 2011): Defense Appeal, Reversed – Good case regarding discovery violations. Add this to your pile.