Florida's Appellate Courts — Decisions as they issueWednesday, November 4, 2026
Legal news and general information — not legal advice. No attorney-client relationship is created. Read more

Criminal Defense — State

Florida Lawyer News · Criminal Defense — State Coverage

More in Criminal Defense — State
Nov 3, 2026

Can a mistaken death-penalty waiver bind prosecutors on a new indictment? Not here, the Third DCA says

The Third DCA quashed an order treating a prosecutor's mistaken, administrative death-penalty waiver as binding on a new murder indictment, in a narrow ruling.

Read more →
Nov 3, 2026

Is burglary of a conveyance with an assault and a battery a prison releasee reoffender offense? Yes, the Sixth DCA says: the conviction controls, not the charge

The Sixth DCA held Florida's PRR law looks at the offense of conviction, not the charge, and affirmed a sentence for burglary with an assault and…

Read more →
Nov 1, 2026

Can a court deny a pro se plea challenge without letting the defendant amend it? Not on most claims, the Second DCA says

The Second DCA affirmed denial of two claims in Tracz's pro se postconviction motion but reversed the rest, so she can try to amend them. One…

Read more →
Nov 1, 2026

Can police arrest a driver for a suspended license without confirming he got notice? Yes, on these facts, the Fourth DCA says

The Fourth DCA affirmed denial of a motion to suppress a firearm, finding probable cause that a driver knew his license was suspended for unpaid child…

Read more →
Oct 29, 2026

Can a death sentence be overturned because jailhouse witnesses recant nearly forty years later? Not here, the Florida Supreme Court says

Correction, October 22, 2026: the Court corrected the opinion to say three aggravating factors, not four. The Florida Supreme Court affirmed the denial of postconviction relief…

Read more →
Oct 16, 2026

Third DCA Affirms PRR Life Sentence Imposed After Probation Revocation, Rules Probation Was Tolled During an Unrelated Prison Term, and Certifies Conflict With First DCA

Scott v. State · No. 3D2024-2211 (Fla. 3d DCA) · Decided October 14, 2026 More analysis may follow as additional information is received and reviewed. Sign…

Read more →
Oct 15, 2026

Florida Supreme Court Affirms Denial of William Reaves’ Successive Postconviction Motion, Denies Habeas Petition and Stay of Execution

Reaves v. State; Reaves v. Secretary, Department of Corrections · Nos. SC2026-1512 and SC2026-1519 (Fla.) · Decided October 14, 2026 More analysis may follow as additional…

Read more →
Oct 15, 2026

Florida Supreme Court Orders New Trial for Death-Sentenced Henry Lee Jones, Finding the State Withheld FDLE Analysts’ DNA Assessment in Violation of Brady

Jones v. State · No. SC2024-1135 (Fla.) · Decided October 15, 2026 More analysis may follow as additional information is received and reviewed. Sign up for…

Read more →
Oct 15, 2026

Self-Represented Defendant’s Request for a Bench Trial Was a Valid Jury Waiver, and Any Error Was Invited, First DCA Rules

Walker v. State · No. 1D2025-1997 (Fla. 1st DCA) · Decided October 14, 2026 More analysis may follow as additional information is received and reviewed. Sign…

Read more →