Court Filings

The Appellate Division, Third Department affirmed County Court's denial of defendant Alex M. Ferrer's CPL 440.10 motion to vacate his burglary convictions. Ferrer argued trial counsel was ineffective for failing to object to his being fitted with a concealed stun cuff and the presence of SERT officers during trial. After a hearing County Court credited trial counsel's testimony that he was not informed of the device and found counsel's strategy reasonable because the cuff was not visible, alternatives would have been more obvious restraints, and Ferrer was not chilled from testifying. The appellate court deferred to those credibility findings and affirmed.

The Appellate Division, Third Department affirmed Amanda C. Diaz's convictions for aggravated driving while intoxicated with a child passenger, driving while intoxicated, and endangering the welfare of a child. The court reviewed a weight-of-the-evidence challenge and rejected it, finding the jury reasonably credited testimony from two off-duty paramedics and state troopers who observed disorientation, failed field sobriety testing, and admissions of alcohol use over the defendant's sister's contrary testimony. The court also held that a hearsay statement from the child, elicited at trial, was cured by prompt curative instructions and was harmless given the other evidence of guilt.

The Appellate Division, Third Department affirmed a conviction and sentence entered after defendant Abdallah A. Aboueida waived indictment and pleaded guilty to attempted third-degree burglary under a superior court information. County Court imposed the agreed-upon sentence of five years probation. On appeal the defendant argued the sentence was unduly harsh, but the appellate court rejected that challenge as barred by the unchallenged waiver of the right to appeal contained in the plea agreement, and therefore affirmed the judgment.

The Fifth District Court of Appeal affirmed the lower court's decision in a criminal appeal by Thomas Wood against the State of Florida. The appellate court issued a per curiam opinion, announced the judgment as AFFIRMED, and provided no published opinion or extended reasoning. The panel of judges (Soud, Boatwright, and Maciver) concurred. The decision is subject to any timely motions under Florida Rule of Appellate Procedure 9.330 or 9.331 but otherwise concludes the appeal in favor of the State.

The Fifth District Court of Appeal affirmed the trial court's judgment in the criminal case of Donovan Tyler Adkins. The appeal arose from a conviction or post-conviction ruling in Brevard County Circuit Court, and the appellate panel issued a brief per curiam decision on April 16, 2026, concluding the lower court's decision should stand. No additional opinion or written reasoning was published in this document; the court simply announced affirmance and noted concurrence by the three judges.

The Fifth District Court of Appeal affirmed the trial court's judgment in a criminal case in which Christopher Thomas Petry appealed a Volusia County circuit court decision. The appellate panel issued a per curiam opinion on April 16, 2026, concluding the lower court's ruling should stand. No written opinion or extended reasoning accompanies the short disposition; the court simply noted the affirmation and that the three judges concurred. The decision is subject to any timely post-judgment motions under Florida appellate rules.

The Fifth District Court of Appeal affirmed the circuit court's decision in a criminal case. Appellant Carmelo Cruz appealed a Volusia County criminal matter, but the appellate panel (per curiam) found no reversible error and denied relief. The court issued a brief order affirming the lower court's judgment without opinion; three judges concurred. The opinion notes that the decision is not final until the time for certain authorized post-judgment motions expires.

The Fifth District Court of Appeal affirmed the trial court's decision in a pro se appeal by Andre Patrick Edwards from a Brevard County circuit court ruling under Florida Rule 3.800. The panel issued a brief per curiam opinion on April 16, 2026, affirming the lower court’s disposition. No written opinion explaining reasons was published, and there was no appearance by the State. The judgment is subject to any timely authorized motions under Florida appellate rules before it becomes final.

The Fifth District Court of Appeal reviewed a pro se appeal by Kyle Nelson Robinson from the Duval County circuit court's decision on a Florida Rule of Criminal Procedure 3.800 matter. The appellate court, in a per curiam opinion, affirmed the lower court's ruling. No opinion discussion or factual or legal reasoning is provided in the published entry; the court simply entered an affirmance with all three judges concurring and noted that the judgment is not final until any timely post-opinion motions are resolved.

The Fifth District Court of Appeal reviewed a pro se appeal by John M. Johnson, Jr. from the denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion in the Circuit Court for Duval County. The appellate court issued a per curiam decision on April 16, 2026, summarily rejecting the appeal and affirming the lower court's ruling. No extended opinion or substantive reasoning is included in the published disposition; the court simply affirmed the trial court's action and noted that the decision is not final until any timely motions under Florida Rule of Appellate Procedure 9.330 or 9.331 are resolved.

The Fifth District Court of Appeal unanimously affirmed the circuit court's decision in James Delosa's appeal under Florida Rule 3.800. Delosa, appearing pro se, appealed an order from the Brevard County Circuit Court (Judge Stephen George Henderson). The appellate court issued a short per curiam opinion on April 16, 2026, simply stating AFFIRMED, with no published opinion or additional reasoning provided. The judgment is subject to any timely motions for rehearing authorized under Florida appellate rules.

The Fifth District Court of Appeal reviewed Christopher Samuels's appeal from the denial of a Florida Rule of Criminal Procedure 3.850 postconviction motion in Brevard County. The court, in a short per curiam decision, affirmed the lower court's ruling without published opinion or extended explanation. The panel issued a unanimous affirmance on April 16, 2026, and noted the decision is not final until any timely motion under Florida appellate rules is resolved.

The Florida First District Court of Appeal reviewed an appeal by Jessie Lee Shumaker from the Circuit Court for Escambia County. The appellate court, in a per curiam decision issued April 16, 2026, affirmed the lower court's judgment without further opinion. The court noted the decision is not final until resolution of any timely post-judgment motions authorized by Florida appellate rules. No detailed reasoning or factual background is provided in the opinion.

The Florida First District Court of Appeal reviewed Walter Jim Roberson Jr.'s appeal from a Bay County circuit court decision. The court issued a per curiam opinion on April 16, 2026, and affirmed the lower court's ruling. No published opinion or extended reasoning appears in the document; the three-judge panel (Roberts, Ray, and Treadwell) concurred. The decision is subject to timely post-judgment motions under Florida appellate rules before it becomes final.

The Florida First District Court of Appeal reviewed Vincent Johnson's appeal from a decision of the Circuit Court for Escambia County and issued a per curiam opinion on April 16, 2026. The appellate court affirmed the lower court's ruling without published opinion. All three judges concurred. The appellant represented himself; the State was represented by the Attorney General's office. The opinion notes the decision is not final until any timely post-judgment appellate motions are resolved.

The First District Court of Appeal affirmed the trial court's judgment in a criminal appeal brought by George Fountain III. The appeal arose from a decision entered in the Circuit Court for Escambia County. The appellate court issued a short per curiam opinion announcing its decision to affirm, with three judges concurring, and noted that the decision is not final until the time for certain post-judgment motions has passed. No further reasoning or factual discussion appears in the published entry.

The Florida First District Court of Appeal reviewed Patrick Fleming's appeal from a Leon County circuit court decision. The appellate court, in a brief per curiam opinion, affirmed the lower court's judgment. No published opinion or extended reasoning appears in the record; the panel of three judges concurred and noted that the decision is not final until any timely authorized post-judgment motions are resolved. Fleming proceeded pro se on appeal, and the Attorney General represented the State.

The Florida First District Court of Appeal reviewed Antoine Vonche Booker’s appeal from a decision of the Circuit Court for Escambia County. The appellate court, in a per curiam opinion, affirmed the lower court’s judgment. No separate written opinion was issued; the opinion simply states AFFIRMED and notes concurrence by the three judges. The decision is subject to timely motions under Florida appellate rules but otherwise ends the appeal with affirmation of the trial court’s ruling.

The Florida First District Court of Appeal reviewed Adam Kyle Atkins' appeal from a Santa Rosa County circuit court judgment and, in a unanimous per curiam decision, affirmed the lower court's ruling. The opinion is brief and states only the disposition without providing substantive reasoning in the published entry. The court noted the decision is not final until any timely authorized motion under Florida Appellate Rules 9.330 or 9.331 is resolved.

The Fourth District Court of Appeal reviewed Robert Kleckley's appeal of the circuit court's denial of his Florida Rule of Criminal Procedure 3.853 motion (a postconviction claim challenging DNA testing). The appellate court, per curiam, affirmed the lower court's order denying the motion without further opinion. The decision leaves the circuit court's ruling in place and notes the appellate mandate is not final until any timely motion for rehearing is resolved.

The Florida Fourth District Court of Appeal reviewed a criminal appeal by Juan Camilo Hurtado Castano from a judgment entered in Martin County Circuit Court (case no. 432024CF001321CFAXMX). The court issued a brief per curiam decision affirming the lower court's judgment. No opinion or reasoning is provided in the published entry; the decision simply affirms the trial court's ruling. The mandate is not final until any timely motion for rehearing is resolved.

The Fourth District Court of Appeal affirmed the trial court's decision in the criminal case of Glenton Sylvester Hicks against the State of Florida. The opinion is per curiam, brief, and provides no extended reasoning in the published text. The panel unanimously affirmed the lower court's disposition and noted the decision is not final until any timely motion for rehearing is resolved.

The First District Court of Appeal reviewed an appeal by David Paul Vaughn from a decision of the Circuit Court for Escambia County. The appellate court, in a per curiam decision dated April 16, 2026, affirmed the lower court's ruling. No written opinion accompanied the disposition beyond the single-word judgment "AFFIRMED," and the three judges concurred. The decision is subject to any timely post-judgment motions under Florida Rule of Appellate Procedure 9.330 or 9.331.

The Florida First District Court of Appeal reviewed Michelle Vasquez's appeal from a Santa Rosa County circuit court decision. The three-judge panel issued a per curiam opinion on April 16, 2026, concluding only that the lower court's ruling should be affirmed. No written opinion explaining the court's reasoning is included in the filing; the entry simply records affirmance and notes the decision is not final until any timely authorized motion under Florida appellate rules is resolved.

The Florida First District Court of Appeal affirmed the lower court's decision in a criminal appeal brought by Johnnie L. Smith. The opinion is per curiam, brief, and states only the disposition—affirmed—without explanatory reasoning. The appeal arose from a judgment or order entered in the Circuit Court for Escambia County, reviewed by a three-judge panel. No substantive discussion of issues or facts appears in the published entry; the court noted the right to file timely post-opinion motions under Florida appellate rules.

The Florida First District Court of Appeal reviewed an appeal by Johnnie L. Smith from a decision of the Circuit Court for Escambia County. The court issued a short per curiam opinion on April 16, 2026, concluding simply: AFFIRMED. No additional reasoning or discussion appears in the published entry; the panel of judges Bilbrey, Kelsey, and M.K. Thomas concurred. The opinion notes the case is not final until any authorized timely motions under the Florida Rules of Appellate Procedure are resolved.

The Florida Supreme Court affirmed Joseph Zieler’s convictions and death sentences for the 1990 murders of R.C. (age 11) and L.S. The convictions rested largely on strong DNA evidence (multiple STR profiles and CODIS hit linking Zieler to the victims’ bedsheet, pillowcase, genital swab, and hairs), autopsy and crime-scene evidence of sexual battery and asphyxiation, and rebuttal of Zieler’s alternative explanations. The Court rejected claims of prosecutorial error under Caldwell, challenges to hair-evidence handling, a sentencing-order drafting issue, facial Eighth Amendment attacks on Florida’s death-penalty scheme, and a unanimity claim, finding no reversible error and sufficient evidence to support guilt and sentence.

The Court of Appeals for the Seventh District of Texas affirmed Logan Tyler Blanton’s sentences after he pleaded guilty to two counts of aggravated sexual assault of a child. Blanton argued the trial court abused its discretion by imposing concurrent 30-year terms without adequately considering his intellectual and psychological limitations, low risk of reoffending, and compliance with bond. The court held Blanton failed to preserve these complaints because he did not make timely, specific objections or file a motion for new trial, and noted that the sentences fall within the statutory punishment range.

The Court of Appeals of the Seventh District of Texas affirmed the trial court judgments convicting Jarod Dajon Howell of four counts of possession with intent to deliver various controlled substances. Howell was sentenced to concurrent terms (42 years on two counts, 35 years on two counts). Appellate counsel filed a motion to withdraw supported by an Anders brief concluding the appeal is frivolous. The court independently reviewed the record, found no non-frivolous issues preserved for appeal, granted counsel’s motion, and affirmed the convictions and sentences.

The Court of Appeals affirmed the defendant Lauro Eliud Salinas’s conviction and sentence for third-degree assault by impeding breath or circulation. Salinas appealed only the trial court’s refusal to redact a portion of a 911 call in which the caller said Salinas left the scene with a gun. The court held the statement was relevant contextual evidence explaining why witnesses called 911, was probative of consciousness of guilt and Salinas’s state of mind, and its probative value was not substantially outweighed by the danger of unfair prejudice. The court therefore found no abuse of discretion in admitting the recording and affirmed the judgment.