M.H., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE.
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[1] A trial court must timely consider and rule upon post-conviction relief applications that are properly filed, and supervisory writs may issue to compel such action when t…
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Affirmed. See Joseph v. State, 868 So.2d 5, 8 (Fla. 4th DCA 2004) ("[The defendant] was not asked for his opinion of the detective's credibility. [He] was not required to choose between conceding the point or branding the detective as a liar. Asking whether another witness is 'wrong,' 'not accurate,' or 'mistaken' is very different from asking whether the witness is a liar.") (internal citations omitted); U.S. v. Gaines, 170 F.3d 72, 82 (1st Cir. 1999) ("The witness was not required to choose between conceding the point or branding another witness as a liar."); U.S. v. Gaind, 31 F.3d 73, 77 (2d Cir. 1994) ("Asking a witness whether a previous witness who gave conflicting testimony is 'mistaken' highlights the objective conflict without requiring the witness to condemn the prior witness a purveyor of deliberate falsehood, i.e., a 'liar.' ").
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Citator
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Falcon v. State (Fla. 1st DCA 2022)…401(2) were not supported by competent, substantial evidence. I agree. We review factual findings in a sentencing order under the competent, substantial evidence standard. Jackson v. State, 276 So. 3d 73, 75 (Fla. 1st DCA 2019); J.M.H. v. State, 311 So. 3d 903, 914 (Fla. 2d DCA 2020).7 Competent, substantial evidence is “such evidence as will establish a substantial basis of fact from which the fact at issue can be reasonably inferred” or such evidence as is “sufficiently relevant and material that a rea…
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Cruz v. State (Fla. 2d DCA 2023)…015) (quoting Miller, 567 U.S. at 471). In response to these decisions, "the Florida legislature 'enact[ed] juvenile sentencing legislation to remedy the federal constitutional infirmities in Florida's juvenile sentencing laws.' " J.M.H. v. State, 311 So. 3d 903, 913 (Fla. 2d DCA 2020) (quoting Horsley, 160 So. 3d at 401). Among these enactments was section 921.1402, which "provides that a juvenile offender who was sentenced under section 775.082(1)(b) and was not previously convicted of an enumerated offe…
Authorities Cited
- Joseph v. State, 868 So. 2d 5 (Fla. 4th DCA 2004)