Disqualifying the trial judge

Dec 31, 2019

Darien Hauter appeals two orders entered on the same day in two cases. The first order denied Hauter’s motion to disqualify the trial judge as “legally insufficient.” The second order, filed fifteen minutes later, denied Hauter’s motion to mitigate his sentences. Hauter stated in his affidavit in support of his motion certain specific facts showing […]

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Injunction — Domestic violence — Evidence– Hearsay exceptions — Statements of child victim

Dec 16, 2019

Injunction entered against father for allegedly striking child. The trial court erred in considering child victim’s statements to his therapist and mother without determining whether statements were admissible under the child hearsay exception provided in section 90.803(23). The therapist’s waiver of therapist-patient privilege did not obviate the need for the trial court to determine admissibility […]

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Constructive Possession of Drugs

Dec 11, 2019

Appellant, Andrew James Sims, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (28 grams or more, but less than 200 grams); possession of cocaine; sale, manufacture, delivery, or possession of cannabis (more than 20 grams); and possession of drug paraphernalia. Appellant argues that the trial court erred by denying his motion for […]

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Immunity, Stand Your Ground

Dec 09, 2019

Immunity — Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend’s EBT card. The defendant’s requests for immunity and dismissal pursuant to section 776.032 are granted. State failed to prove that defendant was not entitled to […]

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Immunity, Stand Your Ground law

Sep 20, 2019

The Trial court erred in dismissing charges against defendant based on finding that defendant’s discharging of a firearm was a justifiable use of deadly force. The Defendant was not entitled to statutory immunity under section 776.032 where defendant was engaged in criminal activity at the time defendant discharged the firearm. The video evidence of incident, […]

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