This week’s Florida appellate decisions, covered case by case: a conviction reversed for a new trial because the State’s accepted reason for striking a Black woman from the jury applied just as well to a non-Black man it kept. Plus probable cause on the knowledge element of driving while license suspended, a third-DUI plea where the client gets to amend her postconviction claims about a diversion offer she says she never heard, a habitual offender sentence reversed a second time for the same missing exhibit, and two more six-person jury claims raised too late. On the injury side, agritourism immunity that couldn’t survive its own photo metadata, and a punitive damages denial reversed under Perlmutter. Then a deep dive on the Melbourne objection: how to challenge a peremptory strike so the record holds up on appeal, in criminal and civil trials alike.

PRACTICE AREAS THIS WEEK: seven criminal decisions and two injury decisions.

CHAPTERS
0:00 Prove it on the record
1:30 Mesamours: a strike reversed under Melbourne
3:31 Warren: knowledge in driving while suspended
5:36 Tracz: a third-DUI plea and a diversion offer
7:30 Cleveland: the missing habitual offender exhibit, again
8:12 Two more six-person jury claims
8:43 Williams: a discovery claim that skipped the threshold
9:58 Collado Laguna: agritourism immunity and the warning signs
11:41 Victoria Friend: punitive damages after Perlmutter
12:52 Deep dive: making a Melbourne objection stick
15:39 The working playbook: the Melbourne objection
17:38 The week in one line

Cases covered:
Mesamours v. State, 3D24-1485 (Fla. 3d DCA Oct. 28, 2026) (on rehearing) (Scales, C.J., concurring in result; Koenig, Assoc. J., dissenting)
Warren v. State, 4D2025-2430 (Fla. 4th DCA Oct. 28, 2026)
Tracz v. State, 2D2025-1443 (Fla. 2d DCA Oct. 28, 2026) (Atkinson, J., concurring in part and dissenting in part)
Cleveland v. State, 2D2025-1580 (Fla. 2d DCA Oct. 30, 2026)
Matthews v. State, 2D2025-0285 (Fla. 2d DCA Oct. 28, 2026)
Johnson v. State, 2D2025-2344 (Fla. 2d DCA Oct. 30, 2026)
Williams v. State, 1D2025-0520 (Fla. 1st DCA Oct. 28, 2026)
Collado Laguna v. The Berry Farm, LLC, 3D25-1982 (Fla. 3d DCA Oct. 28, 2026)
Victoria Friend LLC v. Tamiami Airport Service Center, Inc., 3D26-0944 (Fla. 3d DCA Oct. 28, 2026)

Statutes and rules discussed: Fla. Stat. §§ 322.34, 322.251, 570.88, 570.89, 768.72; Fla. R. Crim. P. 3.171 and 3.850(h); Perlmutter v. Federal Insurance Co., 434 So. 3d 681 (Fla. 2026).

Discussed in the deep dive: State v. Neil, 457 So. 2d 481 (Fla. 1984); Batson v. Kentucky, 476 U.S. 79 (1986); Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991); Melbourne v. State, 679 So. 2d 759 (Fla. 1996); State v. Slappy, 522 So. 2d 18 (Fla. 1988); Hayes v. State, 94 So. 3d 452 (Fla. 2012); Joiner v. State, 618 So. 2d 174 (Fla. 1993).

Most of these decisions are not final until the time for rehearing expires. Want the opinions, or the one-page Melbourne objection script? Email rory@thesafirlawyer.com and I will send them over, no charge.

Get my email newsletter: https://thesafirlawyer.com/newsletters/

Safir Injury and Criminal Defense Law handles criminal, DUI, and personal injury matters across Florida, and we gladly accept referrals from fellow attorneys. Call or text 727-472-8096, or find us at thesafirlawyer.com.

This podcast is for informational purposes only and is not legal advice. Always read the full opinion before relying on anything discussed here. Attorney Rory Safir is responsible for the content of this advertisement.

Past results do not guarantee a similar outcome in any other case.

This week’s Florida appellate decisions, covered case by case: a man sentenced to death in 2006 and acquitted by the Florida Supreme Court in 2009 gets his wrongful incarceration petition sent back, under the 2025 amendments that set a July 1, 2027 deadline for people who were shut out before. Plus a confession translated by an uncertified interpreter, a witness who testified holding a teddy bear, a six-person jury challenge that came too late, and an Erlinger claim that needed an objection at sentencing. On the injury side, two punitive damages amendments reversed, one on the twenty-day rule and one on the merits, and a reminder that post-judgment interest adjusts every January. Then a deep dive on the six-person jury: what the U.S. Supreme Court is reviewing in Kian, and which of your clients would get the benefit if it rules for the defendant.

PRACTICE AREAS THIS WEEK: eight criminal decisions and three injury and insurance decisions.

CHAPTERS
0:00 Say it on time
1:21 Lindsey: a wrongful incarceration petition
3:34 Torres: a confession through an uncertified interpreter
5:57 Wilson: a teddy bear on the stand, and a late jury claim
7:28 Estrada: an Erlinger claim needs an objection
9:12 Farney, Gerding and Wilder
10:10 Punitive damages, twice, and post-judgment interest
11:38 Deep dive: if Kian wins, who gets twelve jurors
15:11 The working playbook: the six-person jury objection
17:01 The week in one line

Cases covered:
Lindsey v. State, 4D2025-3395 (Fla. 4th DCA Oct. 21, 2026)
Torres v. State, 4D2025-2554 (Fla. 4th DCA Oct. 21, 2026)
Guzman v. State, 6D2024-2509 (Fla. 6th DCA Oct. 23, 2026)
Wilson v. State, 2D2025-0470 (Fla. 2d DCA Oct. 23, 2026)
Estrada v. State, 1D2024-2944 (Fla. 1st DCA Oct. 21, 2026)
Farney v. State, 6D2025-2062 (Fla. 6th DCA Oct. 23, 2026)
Gerding v. State, 5D2026-1327 (Fla. 5th DCA Oct. 23, 2026)
Wilder v. State, 3D26-2230 (Fla. 3d DCA Oct. 23, 2026)
Broward Care at Home, LLC v. Shook, 4D2026-0220 (Fla. 4th DCA Oct. 21, 2026)
Limousines of South Florida, Inc. v. Levit, 3D26-0024 (Fla. 3d DCA Oct. 21, 2026) (on rehearing)
Citizens Property Insurance Corp. v. Weber, 3D25-1826 (Fla. 3d DCA Oct. 21, 2026)

Statutes and rules discussed: Fla. Stat. §§ 961.03, 92.55(5), 913.10, 316.193, 948.11, 948.09, 55.03(3); Fla. Const. art. I, § 22; Fla. R. Civ. P. 1.190.

Discussed in the deep dive: Williams v. Florida, 399 U.S. 78 (1970); Ballew v. Georgia, 435 U.S. 223 (1978); Ramos v. Louisiana, 590 U.S. 83 (2020); Kian v. Florida, No. 25-6623 (U.S. cert. granted June 15, 2026); Griffith v. Kentucky, 479 U.S. 314 (1987); Smith v. State, 598 So. 2d 1063 (Fla. 1992); Edwards v. Vannoy, 593 U.S. 255 (2021); Rogers v. State, 6D2025-0883 (Fla. 6th DCA June 29, 2026); Blanton v. City of North Las Vegas, 489 U.S. 538 (1989).

Most of these decisions are not final until the time for rehearing expires. Want the opinions, or the one-page written objection to a six-person jury? Email rory@thesafirlawyer.com and I will send them over, no charge.

Get my email newsletter: https://thesafirlawyer.com/newsletters/

Safir Injury and Criminal Defense Law handles criminal, DUI, and personal injury matters across Florida, and we gladly accept referrals from fellow attorneys. Call or text 727-472-8096, or find us at thesafirlawyer.com.

This podcast is for informational purposes only and is not legal advice. Always read the full opinion before relying on anything discussed here. Attorney Rory Safir is responsible for the content of this advertisement.

Past results do not guarantee a similar outcome in any other case.

This week’s Florida appellate decisions, covered case by case: trafficking convictions reversed with discharge because a key to someone else’s house and a key to a safe another person was carrying didn’t prove the man possessed what was inside. Plus a downward departure reversed because drug quantity and good works in jail aren’t grounds the Code recognizes, a new trial because the State is charged with what its officers know, a death penalty waiver filed by mistake that didn’t bind the State Attorney, and a mandatory life sentence on a probation violation that now depends on which district you’re in. On the injury side, the 2027 change to how courts reset trial periods, and a reminder to get a final judgment before appealing. Then a deep dive on constructive possession in shared places: what the State has to prove when your client isn’t the only one with access.

PRACTICE AREAS THIS WEEK: nine criminal decisions, one civil procedure decision, and one Florida Supreme Court rule change.

CHAPTERS
0:00 Whose is it
1:32 Oliver: a key to the safe isn’t possession
3:32 Mathis: a departure on grounds the Code doesn’t recognize
6:03 Sullivan: the State is charged with what its officers know
8:18 Morris: a stray death penalty waiver
10:51 Scott: a waived reoffender sentence and a certified conflict
12:57 Gainvors: the stand your ground dissent
14:15 Gunter, Dacosta and Walker
16:13 Rule 1.200 and Robertson
17:19 Deep dive: constructive possession in shared places
21:36 The working playbook: judgment of acquittal
24:03 The week in one line

Cases covered:
Oliver v. State, 5D2025-0442 (Fla. 5th DCA Oct. 9, 2026)
State v. Mathis, 2D2025-2309 (Fla. 2d DCA Oct. 9, 2026)
Sullivan v. State, 1D2025-0433 (Fla. 1st DCA Oct. 14, 2026)
State v. Morris, 3D25-1610 and 3D25-1535 (Fla. 3d DCA Oct. 14, 2026)
Scott v. State, 3D24-2211 (Fla. 3d DCA Oct. 14, 2026) (Miller, J., concurring)
Gainvors v. State, 6D2024-0393 (Fla. 6th DCA Oct. 16, 2026) (Smith, J., dissenting)
State v. Gunter, 5D2025-1484 (Fla. 5th DCA Oct. 16, 2026)
Dacosta v. State, 6D2025-1329 (Fla. 6th DCA Oct. 16, 2026)
Walker v. State, 1D2025-1997 (Fla. 1st DCA Oct. 14, 2026)
In re Amendments to Florida Rule of Civil Procedure 1.200, SC2025-1894 (Fla. Oct. 15, 2026)
Robertson v. Orange County, 6D2026-0149 (Fla. 6th DCA Oct. 9, 2026)

Also discussed: Atwaters v. State, 519 So. 2d 611 (Fla. 1988); Hill v. State, 403 So. 3d 505 (Fla. 1st DCA 2025); Boston v. State, 326 So. 3d 673 (Fla. 2021); Crist v. State, 419 So. 3d 183 (Fla. 5th DCA 2025) (en banc).

Discussed in the deep dive: Brown v. State, 428 So. 2d 250 (Fla. 1983); Stevens v. State, 120 So. 3d 1258 (Fla. 3d DCA 2013); Melton v. State, 2D20-734 (Fla. 2d DCA May 14, 2021); Roberts v. State, 1D19-4137 (Fla. 1st DCA Feb. 25, 2021); Bush v. State, 295 So. 3d 179 (Fla. 2020).

Most of these decisions are not final until the time for rehearing expires. Want the opinions, or the one-page judgment of acquittal worksheet? Email rory@thesafirlawyer.com and I will send them over, no charge.

Get my email newsletter: https://thesafirlawyer.com/newsletters/

Safir Injury and Criminal Defense Law handles criminal, DUI, and personal injury matters across Florida, and we gladly accept referrals from fellow attorneys. Call or text 727-472-8096, or find us at thesafirlawyer.com.

This podcast is for informational purposes only and is not legal advice. Always read the full opinion before relying on anything discussed here. Attorney Rory Safir is responsible for the content of this advertisement.

Past results do not guarantee a similar outcome in any other case.