Reasonably Safir: Florida Criminal & Injury Caselaw

The Shortcut Week: Florida Caselaw, Week of September 4, 2026

Rory Safir — Fri, 04 Sep 2026 19:47:59 -0400

This week's Florida appellate decisions, covered case by case: a driver refused a blood draw after a fatal Turnpike crash and the Fourth District affirmed suppression on the State's own appeal, receding from the one sentence prosecutors had been citing as a probable cause exception to the warrant requirement. Plus a Pinellas sexual battery conviction reversed for fundamental error over a steak knife and two condoms that had nothing to do with the case, a Tampa grand theft that became petit theft because nobody testified to depreciation, a fifth door shut on last week's Erlinger argument, and the Florida Supreme Court's rulings in the final week before a scheduled execution. Then a deep dive on the three ways the State can take blood in a DUI case and what each one now requires.

PRACTICE AREAS THIS WEEK: all criminal, with the DUI blood draw case of the year, two Pinellas decisions, two Hillsborough decisions, and a death warrant that runs out next Thursday.

CHAPTERS
0:00 The shortcut week
1:12 Marlin: the blood draw, the dicta, and the door that closed
5:48 Harris: the Pinellas timeline case Marlin now matches
7:26 Green: a Pinellas sexual battery reversed for fundamental error
10:27 Russell: a Tampa grand theft with no depreciation testimony
12:47 Foster: the fifth door on the Erlinger argument
13:36 Conahan: the final week before an execution
15:02 Lorincz, Agee, and the week's hundred and seventy affirmances
16:06 Deep dive: the three ways the State takes blood, and what each requires
21:30 The week in one line

Cases covered:
State v. Marlin, 4D2025-1448 (Fla. 4th DCA Sept. 2, 2026)
State v. Harris, 2D2023-1430 (Fla. 2d DCA Oct. 16, 2024)
Green v. State, 2D2024-1803 (Fla. 2d DCA Sept. 4, 2026)
Russell v. State, 2D2024-1373 (Fla. 2d DCA Aug. 28, 2026)
Foster v. State, 2D2024-2771 (Fla. 2d DCA Sept. 4, 2026)
Conahan v. State, SC2026-1234, SC2026-1236, SC2026-1281 & SC2026-1282 (Fla. Sept. 3, 2026)
Lorincz v. State, 5D2024-3437 (Fla. 5th DCA Sept. 3, 2026)
Agee v. State, 1D2023-3321 (Fla. 1st DCA Sept. 2, 2026)

Discussed in the deep dive: Schmerber v. California, 384 U.S. 757 (1966); Missouri v. McNeely, 569 U.S. 141 (2013); Birchfield v. North Dakota, 579 U.S. 438 (2016); Mitchell v. Wisconsin, 588 U.S. 840 (2019); State v. Acevedo, 366 So. 3d 1096 (Fla. 4th DCA 2023); State v. Liles, 191 So. 3d 484 (Fla. 5th DCA 2016); Robertson v. State, 604 So. 2d 783 (Fla. 1992); State v. Geiss, 70 So. 3d 642 (Fla. 5th DCA 2011); sections 316.1932, 316.1933, and 933.02, Florida Statutes.

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

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.

The Wrong Door Week: Florida Caselaw, Week of August 28, 2026

Rory Safir — Fri, 28 Aug 2026 18:58:18 -0400

This week's Florida appellate decisions, covered case by case: the same Sixth Amendment sentencing argument turned away at two different doors in two different districts, a Jimmy Ryce challenge split between the right vehicle and the wrong one, a State appeal that lost in one word, a surgeon suing his own divorce lawyers and the discovery order that got quashed, a PIP claim that ended when the examination under oath was skipped, and new service rules for writs landing October 1. Plus a deep dive: the State of Florida has conceded in a footnote that the prison releasee reoffender statute is unconstitutional under Erlinger, and the one procedural door still open for raising it.

PRACTICE AREAS THIS WEEK: four criminal decisions, two on the injury side, and an appellate rule change that affects everybody.

CHAPTERS
0:00 The wrong door week
1:17 Hawkins: Erlinger is not retroactive, and a certified question still pending
3:46 Carpenter: the PRR life sentence and the wrong vehicle
5:20 Shaw: appeal and certiorari against one order, one of them dismissed
6:38 Jenkins: the State appealed and lost, in one word
7:32 Adorno-Cunill v. Dylewski: the discovery denial that eviscerated a defense
10:30 Feijoo: the examination under oath is a condition precedent
11:12 New appellate rules 9.020 and 9.100, effective October 1
11:58 The week's hundred affirmances, in one point
12:28 Deep dive: the concession in footnote thirteen, and the one door left
18:54 The week in one line

Cases covered:
Hawkins v. State, 3D23-0292 (Fla. 3d DCA Aug. 26, 2026)
Carpenter v. State, 1D2024-2821 (Fla. 1st DCA Aug. 26, 2026)
Shaw v. State, 3D24-1690 & 3D24-1934 (Fla. 3d DCA Aug. 26, 2026)
State v. Jenkins, 2D2025-1129 (Fla. 2d DCA Aug. 21, 2026)
Law Offices of Adorno-Cunill & Damas, P.L. v. Dylewski, 3D26-0840 (Fla. 3d DCA Aug. 26, 2026)
Feijoo, M.D., P.A. v. Progressive American Ins. Co., 3D25-0472 (Fla. 3d DCA Aug. 27, 2026)
North Florida Regional Medical Center v. Maloney, 1D2026-1317 (Fla. 1st DCA Aug. 24, 2026)
In Re: Amendments to Florida Rules of Appellate Procedure 9.020 and 9.100, SC2025-2000 (Fla. Aug. 27, 2026)

Discussed in the deep dive: Apprendi v. New Jersey, 530 U.S. 466 (2000); Alleyne v. United States, 570 U.S. 99 (2013); Erlinger v. United States, 602 U.S. 821 (2024); Maye v. State, SC2023-1184 (Fla. May 15, 2026), including footnote 13; Wainwright v. State, 411 So. 3d 392 (Fla. 2025); Plott v. State, 148 So. 3d 90 (Fla. 2014); Jackson v. State, 983 So. 2d 562 (Fla. 2008); section 775.082(9), Florida Statutes.

Most of these decisions are not final until the time for rehearing expires. Want the opinions, Maye with footnote 13 flagged, or the one page objection script for PRR and habitual offender sentencings? Email rory@thesafirlawyer.com and I will send them over, no charge.

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

The Counting Week: Florida Caselaw, Week of August 21, 2026

Rory Safir — Fri, 21 Aug 2026 21:43:11 -0400

This week's Florida District Court of Appeal decisions, covered case by case: two counts of resisting arrest out of one continuous act at a high school, a juvenile sentence review clock set ten years late and fixed because the prisoner did the math himself, a juvenile sentence over the statutory cap, two suppression losses on the totality of the circumstances, a belated appeal granted, and two men told where the courthouse door closes. Plus a deep dive: how Florida counts crimes, and why Blockburger is two tests rather than one.

PRACTICE AREAS THIS WEEK: all criminal, for the second week running. Injury lawyers, the deep dive on double jeopardy still travels.

CHAPTERS
0:00 The counting week
0:58 K.B.: two counts of resisting from one continuous act
3:28 Wriden: the juvenile review clock, set ten years late
5:19 D.O.: a juvenile sentence over the statutory cap
5:48 Ptomy and Q.C.: two suppression losses on the totality
7:25 Pope: a belated appeal, granted
8:03 St. Fabre: the right rule, the wrong vehicle
10:01 Tisdol and Jackson: where collateral attack ends
11:14 Deep dive: how Florida counts crimes
18:59 The week in one line

Cases covered:
K.B., a Child v. State, 5D2025-1370 (Fla. 5th DCA Aug. 21, 2026)
Wriden v. State, 6D2024-2549 (Fla. 6th DCA Aug. 21, 2026)
D.O., a Child v. State, 5D2025-0775 (Fla. 5th DCA Aug. 21, 2026)
Ptomy v. State, 1D2025-1029 (Fla. 1st DCA Aug. 19, 2026)
Q.C., a Child v. State, 3D2025-1145 (Fla. 3d DCA Aug. 20, 2026)
Pope v. State, 5D2026-2164 (Fla. 5th DCA Aug. 21, 2026)
St. Fabre v. State, 1D2025-3163 (Fla. 1st DCA Aug. 19, 2026)
Tisdol v. State, 3D2026-0695 (Fla. 3d DCA Aug. 20, 2026)
Jackson v. State, 5D2026-1318 (Fla. 5th DCA Aug. 21, 2026)

Discussed in the deep dive: section 775.021(4), Florida Statutes; Trappman v. State (Fla. 2024); Gil v. State, 118 So. 3d 787 (Fla. 2013).

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

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

Three Days in a Classroom (HGN Part 3 of 5)

Rory Safir — Tue, 18 Aug 2026 20:17:19 -0400

What is actually inside the course that qualifies officers to give this test. I sat through it twice. If you're a defense lawyer and any of this is useful, take it and run it. For the manual editions and studies quoted in this episode, write to rory@thesafirlawyer.com. Rory Safir practices criminal defense and personal injury law in St. Petersburg, Florida. (727) 472-8096. This episode is commentary and education, not legal advice.

The Paperwork Week: Florida Caselaw, Week of August 14, 2026

Rory Safir — Fri, 14 Aug 2026 21:40:47 -0400

This week's Florida District Court of Appeal decisions, covered case by case: a conviction with no valid charging document behind it, a community control revocation half-built on hearsay, a warrant too broken for good faith and another just broken enough to survive, speed that is not enough except when it is, and one pro se litigant told enough is enough. Plus a deep dive: the good faith exception, and how one court drew both of its lines in one day.

PRACTICE AREAS THIS WEEK: all criminal. Injury lawyers, light week; the good faith deep dive is still worth your commute.

CHAPTERS
0:00 The paperwork week
0:57 Herrera Gutierrez: convicted, with no charge ever filed
2:00 Rogers: hearsay, and the revocation remand
3:47 State v. Barnes: the warrant good faith could not save
5:24 Serena: practical accuracy, not technical nicety
6:35 Audinot Lugo: speed alone, except when it is
8:08 Taylor, and the week's PCAs
9:20 Deep dive: the good faith exception, both ends of it
14:28 The opinions, free, by email

Cases covered:
Herrera Gutierrez v. State, 5D2026-0928 and 5D2026-0930 (Fla. 5th DCA Aug. 14, 2026)
Rogers v. State, 6D2025-1465 (Fla. 6th DCA Aug. 14, 2026)
State v. Barnes, 6D2025-0522 (Fla. 6th DCA Aug. 14, 2026)
Serena v. State, 6D2025-0679 (Fla. 6th DCA Aug. 14, 2026)
Audinot Lugo v. State, 6D2025-1884 (Fla. 6th DCA Aug. 14, 2026)
Taylor v. State, 5D2026-0947 (Fla. 5th DCA Aug. 14, 2026)

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

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

Eighty Eight Percent, or Thirty Seven (HGN Part 2 of 5)

Rory Safir — Fri, 14 Aug 2026 10:07:36 -0400

One figure in one study produces both numbers. Which one gets said in court depends on who is talking.

CHAPTERS
0:00 A number that decides these cases
0:35 The plan for the next ten minutes
1:02 San Diego, 1998
1:44 Same page, same four boxes
2:16 88 and 37: which question you ask
2:39 The fair version, and the 72 percent
3:29 What the test was validated to do
4:19 "Irrelevant": their word, not mine
4:34 The laboratory it came from
4:44 1977: almost nothing on driving
5:10 1981: 78 eyeballed, 88 measured
5:49 How well the officers agreed
6:36 Two checks that came later
6:47 Standing still: the Optometry paper
7:42 How to say it honestly in a hearing
8:04 Pinellas County. My county.
8:40 The refusals, and the ceiling
9:41 The anchor: why the eyes run first
11:02 The recheck instruction
11:42 Where we've been
12:06 Your question for the hearing
12:22 Next: three days in a classroom

If you're a defense lawyer and any of this is useful, take it and run it. For the manual editions and studies quoted in this episode, write to rory@thesafirlawyer.com.

Rory Safir practices criminal defense and personal injury law in St. Petersburg, Florida. (727) 472-8096. This episode is commentary and education, not legal advice.

Full transcript: https://share.transistor.fm/s/4418234d/transcript

The Eyes (HGN Part 1 of 5)

Rory Safir — Sat, 08 Aug 2026 00:02:14 -0400

The strangest piece of evidence in a Florida DUI case, and the only one nobody can review. Part one: what nystagmus actually is, the three clues, the sixteen-second floor, and how forty-five degrees gets guessed.

CHAPTERS
0:00 One in the morning, on the shoulder
0:25 The evidence nobody can review
1:18 The training I took to say any of this
2:35 You can't see the result. You can see everything else.
3:11 First, the word: what the jerking actually is
4:18 Forty causes that look identical
5:11 Alcohol is systemic: the both-eyes rule
6:03 The test itself, and the prechecks
7:41 Go look at his report
8:12 Three clues, in order
9:30 Sixteen seconds. That's arithmetic.
10:47 "If you have to convince yourself, it isn't really there"
11:02 The clues his own hand can manufacture
12:54 Forty five degrees, with no device
13:59 The 1977 apparatus: chin rest and measured stops
15:27 Your question for cross
15:50 Next time: 88 percent and 37 percent

If you're a defense lawyer and any of this is useful, take it and run it. For the manual editions and studies quoted in this episode, write to rory@thesafirlawyer.com.

Rory Safir practices criminal defense and personal injury law in St. Petersburg, Florida. (727) 472-8096. This episode is commentary and education, not legal advice.

Full transcript: https://share.transistor.fm/s/abf8b424/transcript

The One Who Checks

Rory Safir — Sat, 25 Jul 2026 02:46:43 -0400

A cop is on the witness stand, and I'm asking him to define a lazy eye. He can't. He's the government's expert on my client's eyes, and my client has one.

This is the first episode, so it's the story of how I got there, and it's a stranger road than you'd guess. A war crimes tribunal at The Hague. A friend named Kelsey Argue, the greatest name any lawyer has ever had, who is the reason for everything that followed. A one way ticket to Medellin. Clerking for a judge in Alice Springs and flying village to village by bush plane. A bald public defender arguing an entire motion while his cheap wig slowly rotated on his head, in front of a judge who told me afterward he'd made up his mind five minutes in.

Then home, and the Hillsborough County public defender's office, where I actually learned this job. A first jury trial where the officer wrote that my client's speech was slurred, and the cross that followed was about Spanish diphthongs. A Baker Act where a woman was nearly committed for being a performer.

It all comes down to one idea. The decision usually gets made early, and everything after it is the story people tell about the decision. Somebody in the room has to be the one who checks.

Next episode: horizontal gaze nystagmus, argued both directions, as hard as I can argue each one.

CHAPTERS
0:00 A cop who cannot define a lazy eye
0:47 The Outback: a plane, a judge, and a day of cases
1:18 The Hague: a summer at a war crimes tribunal
2:15 A year in the red centre
3:44 The wig, and how judges decide
4:59 Assumptions nobody in the room had checked
6:19 Tampa: the public defender's office
7:19 Slurred: a first jury trial and a Spanish dialect
8:59 The Baker Act, and a performer read as a patient
10:07 The number nobody was checking
10:50 Chicago: running the instrument myself
11:18 The officer's own training
11:38 Back to the courtroom
12:22 He could not
13:12 It is all one idea

Hosted by Rory Safir, a St. Petersburg criminal defense, DUI, and injury lawyer. Referrals and case calls welcome at (727) 472-8096 or thesafirlawyer.com.

For information only. Not legal advice, and no attorney client relationship is created. Past results never guarantee a similar outcome. Client details are anonymized.