Tobler v. State — Court dismisses pro se habeas corpus petition
Case Myron Tobler v. State of Florida Court Florida First District Court of Appeal Date Decided June 10, 2026 Docket […]
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Florida
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Wilson v. State – Third DCA Dismisses Belated Appeal Petition from Sanctioned Pro Se Litigant
The Third DCA dismissed a petition for belated appeal from a pro se litigant who had been barred from filing in the trial court under Spencer, explaining that without a lower court order to review, the appellate court lacks jurisdiction — making a trial court filing bar effectively the ‘end of the road.’
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Madden v. State – First DCA Affirms Admission of Crime Scene Photos Showing Confederate Flag
The First DCA affirmed the admission of crime scene photographs showing a Confederate flag tag on the defendant’s vehicle, finding no abuse of discretion where the photos were relevant to damage and paint transfer, the tag could not be redacted without losing evidence, and the State did not dwell on the images.
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Medders v. State – Fourth DCA Reverses Three Drug Convictions on Double Jeopardy Grounds
The Fourth DCA reversed three of the defendant’s drug convictions on double jeopardy grounds, holding that simple possession is subsumed by possession with intent to sell, and that identically-charged trafficking counts for the same date violate the prohibition against multiple punishments for the same offense.
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Baez v. DOC — Second DCA Holds Sentencing Court Retains Continuing Jurisdiction to Impose Civil Restitution Liens During Sentence
The Second DCA affirmed a civil restitution lien of over $547,000 imposed on a prisoner’s civil rights settlement, holding that the sentencing court’s continuing jurisdiction under section 960.292(2) is not subject to the four-year statute of limitations.
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Craig v. State — Written Sentence Must Conform to Oral Pronouncement Awarding Credit for Time Served
The Sixth DCA reversed and remanded where written sentencing orders omitted credit for time served that the trial court orally pronounced, causing combined probation and jail time to exceed the statutory maximum for a third-degree felony.
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Villarreal v. State — Sixth DCA Rejects Facial Second Amendment Challenge to Florida’s Felon-in-Possession Statute
The Sixth District Court of Appeal affirmed a felon-in-possession conviction, rejecting a facial Second Amendment challenge to section 790.23(1)(a), Florida Statutes, and joining multiple other DCAs in finding the statute constitutional under Bruen.
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Thomas v. State — Rule 3.850 Motion Filed Before Resentencing Is Premature and Must Be Dismissed
The Fourth DCA holds that a trial court lacks jurisdiction to rule on a Rule 3.850 postconviction motion filed before resentencing is complete, as finality for 3.850 purposes occurs only after resentencing.
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Luker v. State — First DCA Holds Failure to Hold Competency Hearing Not Fundamental Error Without Reasonable Grounds
The First DCA affirms a first-degree murder conviction, holding that a trial court’s failure to hold a competency hearing is not fundamental error where the record lacks reasonable grounds to doubt the defendant’s competency.
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Judkins v. State — First DCA Reverses Domestic Battery Conviction Over Illegally Recorded Audio Made by Minor in Defendant’s Home
The First DCA reversed domestic battery by strangulation convictions, holding that an audio recording made by the victim’s minor daughter in the defendant’s home without his consent violated Florida’s wiretap statute (section 934.03) and should have been excluded.