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- 91
Opinions / Florida Supreme Court / Jul 21, 2026
Dominick A. Occhicone v. State of Florida
The Florida Supreme Court affirmed the denial of Dominick A. Occhicone’s second successive postconviction motion and denied his motion for a stay of execution. The Court rejected his public-records, equal-protection, age-based Eighth Amendment, execution-pace, and seven-to-five jury recommendation claims. The decision emphasizes the Court’s application of colorable-claim, timeliness, and existing constitutional limits in post-warrant capital litigation.
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Topics
Fourth Amendment
Search, seizure, warrant, probable-cause, and suppression issues in Florida criminal practice.
- 83
Statutes / rules
Fourth Amendment
Federal constitutional search-and-seizure source commonly paired with Florida Article I, section 12 analysis.
- 71
Opinions / Florida Supreme Court / Jul 24, 2026
James Aren Duckett v. State of Florida
The Florida Supreme Court affirmed the circuit court’s summary denial of James Aren Duckett’s sixth successive postconviction motion and his second post-warrant motion for DNA testing. The Court held the DNA motion was procedurally barred and also failed because the items identified did not contain testable DNA. It also rejected Duckett’s due-process claim because he did not show bad faith by the State in the testing that consumed the earlier sample.
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Practice areas
Criminal Defense
Suppression, sentencing, probation, DUI, firearm, evidence, and appellate updates for Florida criminal defense lawyers.
- 56
Practice areas
DUI
Florida DUI updates on suppression, traffic stops, breath testing, implied consent, and appellate review.
- 54
Statutes / rules
Article I, Section 12, Florida Constitution
Florida constitutional search-and-seizure provision linked with Fourth Amendment interpretation.